Professional Malpractice in UK Law

Leading Cases
  • Trendtex Trading Corporation v Credit Suisse
    • House of Lords
    • 22 octobre 1981

    I venture to think that still remains a fundamental principle of our law. But it is today true to say that in English law an assignee who can show that he has a genuine commercial interest in the enforcement of the claim of another and to that extent takes an assignment of that claim to himself, is entitled to enforce that assignment unless by the terms of that assignment he falls foul of our law of champerty, which as has often been said, is a branch of our law of maintenance.

  • Re Trepca Mines Ltd (No. 2)
    • Court of Appeal
    • 30 juillet 1962

    The reason why the common law condemns champerty is because of the abuses to which it may give rise. The common law fears that the champertous maintainer might be tempted, for his own personal gain, to inflame the damages, to suppress evidence, or even to suborn witnesses.

  • Awwad v Geraghty & Company
    • Court of Appeal (Civil Division)
    • 25 novembre 1999

    But it is a subject upon which there are sharply divergent opinions and where I should hesitate to suppose that my opinion, or that of any individual judge, could readily or convincingly be regarded as representing a consensus sufficient to sustain a public policy. But it is a subject upon which there are sharply divergent opinions and where I should hesitate to suppose that my opinion, or that of any individual judge, could readily or convincingly be regarded as representing a consensus sufficient to sustain a public policy.

  • Trendtex Trading Corporation v Credit Suisse
    • Court of Appeal (Civil Division)
    • 02 mai 1980

    There is, I think, a clear requirement of public policy that officers of the court should be inhibited from putting themselves in a position where their own interests may conflict with their duties to the court by the agreement, for instance, of so-called "contingency fees"; and there may well be valid reasons why personal rights of action for tortious damage should not, in general, be the subject matter of assignment or partition.

  • Thai Trading v Taylor
    • Court of Appeal (Civil Division)
    • 27 février 1998

    Except as there provided, therefore, it is unprofessional conduct for a solicitor to enter into any agreement even for his normal fee where this is dependent on achieving a successful result in litigation. But the fact that a professional rule prohibits a particular practice does not of itself make the practice contrary to law: see Picton Jones & Co. v Arcadia Developments Ltd. [1989] 1 EGLR 42.

  • Hill v Archbold
    • Court of Appeal (Civil Division)
    • 16 juin 1967

    Most of the actions in our Courts are supported by some association or other, or by the State itself. Very few litigants bring suits, or defend them, at their own expense. Most claims by workmen against their employers are paid for by a trade union. Most defences of motorists are paid for by insurance companies. This is perfectly justifiable and is accepted by everyone as lawful, provided always that the one who supports the litigation, if it fails, pays the costs of the other side.

  • Camdex International Ltd v Bank of Zambia
    • Court of Appeal (Civil Division)
    • 03 avril 1996

    An assignment of a debt is not invalid even if the necessity for litigation to recover it is contemplated. Provided that there is a bona fide debt, it does not become unassignable merely because the debtor chooses to dispute it. Suing on an assigned debt is not contrary to public policy even if the assignor retains an interest.

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Legislation
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Books & Journal Articles
  • Asset Protection Trusts and Gibraltar's Legislation
    • No. 2-2, March 1994
    • Journal of Financial Crime
    • 115-120
    ‘Asset Protection’ can be defined as the process of organising one's assets and affairs in advance, so as to best guard them in the future against future financial loss. ‘Asset Protection Trusts’ a...
    ... ... United States in obtaining affordable pro-fessional liability/malpractice cover. Gibraltar has passed legislation by way of amendments to its ... and satisfaction of a judgment rendered against the professional in his home country. While the mere existence of an asset protection trust ... ...
  • Who Supports Professional Certification? Insights from Employment Arbitration
    • No. 57-4, December 2019
    • British Journal of Industrial Relations
    Professional certification programmes became commonplace across the occupational structure in recent years, with many emerging and established professions opting to create their own certification p...
    ... ... established professions opting to create their o wn certification programmes for r easons ranging from collective marketing to r educing malpractice litigation risk. Theories of social closure suggest that adv antaged and established individual practitioners might want to use certification as a ... ...
  • Bo CARLSSON, ÅKE ISACSSON AND BARBRO SJÖBECK, Obstacles that Prevent Legal Programmes from Functioning as a Learning Process: The Example of Malpractice Claims in the Swedish Health-Care System
    • No. 3-2, June 1994
    • Social & Legal Studies
    ... ... is to shed light on different obstacles (that is the defects in the judicial process, the inertia of custom and the professional culture of organization) in the process of dealing with malpractice claims, and in the coupling of the decisions to the actual ... ...
  • RAIMONDO CATANZARO, Violent Social Regulation: Organized Crime in the Italian South
    • No. 3-2, June 1994
    • Social & Legal Studies
    ... ... the patients’ position by setting communicationabout malpractice claims in motion. The question is whether procedural rationalityinstalls a ... in the judicial process, the inertia of custom and the professional cultureof organization) in the process of dealing with malpractice claims, ... ...
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Law Firm Commentaries
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