Lyell v Law Society of the Northern Provinces (24998/2012) [2016] ZAGPPHC 190 (22 March 2016)

Lyell v Law Society of the Northern Provinces (24998/2012) [2016] ZAGPPHC 190 (22 March 2016)

The court found that the applicant failed to demonstrate prospects of success on appeal regarding both the order striking his name from the roll of attorneys and the order removing him as trustee of any trust, including his family trust. The applicant's arguments for a lesser sanction were unpersuasive, as a permanent suspension would have the same effect as striking off, and the mitigating factors did not justify deviation from the original order. The court held that all trustees, regardless of the nature of the trust, are subject to the same standards of care and diligence, and no authority supports treating family trusts differently. The application for condonation was granted due to...

Citation
[2016] ZAGPPHC 190
Parties
Applicant: Eric Hillary Lyell; Respondent: Law Society of the Northern Provinces
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 March 2016
Case Number
24998/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment Striking Applicant From Roll of Attorneys
Outcome
Application for condonation granted with costs against the applicant; application for leave to appeal refused with costs against the applicant.
Judges
M Manamela, EM Kubushi
Legal Topics
Striking Off Attorneys Roll, Trust Property Control Act, Condonation for Late Filing, Attorney and Client Costs
Civil Procedure Commercial and Corporate Striking Off Attorneys Roll Trust Property Control Act Condonation for Late Filing Attorney and Client Costs

Case Brief

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Parties

Eric Hillary Lyell

Applicant

Law Society of the Northern Provinces

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment Striking Applicant From Roll of Attorneys

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal against the order striking his name from the roll of attorneys.
  2. 2 Whether the applicant should be permitted to serve as trustee of his own family trust despite the order removing him from all trusteeships.
  3. 3 Whether condonation for the late filing of the application for leave to appeal should be granted.

Ratio Decidendi

The court found that the applicant failed to demonstrate prospects of success on appeal regarding both the order striking his name from the roll of attorneys and the order removing him as trustee of any trust, including his family trust. The applicant's arguments for a lesser sanction were unpersuasive, as a permanent suspension would have the same effect as striking off, and the mitigating factors did not justify deviation from the original order. The court held that all trustees, regardless of the nature of the trust, are subject to the same standards of care and diligence, and no authority supports treating family trusts differently. The application for condonation was granted due to...

Court Disposition

Application for condonation granted with costs against the applicant; application for leave to appeal refused with costs against the applicant.

Orders

  • Condonation for the late bringing of the application for leave to appeal is granted, with costs on attorney and client scale payable by the applicant to the respondent.
  • Application for leave to appeal is refused, with costs on attorney and client scale payable by the applicant to the respondent.