Professional Malpractice in UK Law

Leading Cases
  • Trendtex Trading Corporation v Credit Suisse
    • House of Lords
    • 22 Oct 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 Jul 1962

    Maintenanco may, I think, nowadays be defined as improperly stirring up litigation and strife by giving aid to one party to bring or defend a claim without just cause or excuse. 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.

  • Hill v Archbold
    • Court of Appeal
    • 16 Jun 1967

    Much maintenance is considered justifiable today which would in 1914 have been considered obnoxious. 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.

  • Thai Trading v Taylor
    • Court of Appeal
    • 27 Feb 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.

  • Awwad v Geraghty & Company
    • Court of Appeal
    • 25 Nov 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
    • 02 May 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.

  • Camdex International Ltd v Bank of Zambia
    • Court of Appeal
    • 03 Apr 1996

    An assignment of a debt is not invalid even if the necessity for litigation to recover it is contemplated. Suing on an assigned debt is not contrary to public policy even if the assignor retains an interest. What is contrary to public policy and ineffective is an agreement which has maintenance or champerty as its object; such a consequence will not be avoided by dressing up a transaction which has that character and intent as an assignment of a debt.

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Books & Journal Articles
  • Asset Protection Trusts and Gibraltar's Legislation
    • Nbr. 2-2, March 1994
    • Journal of Financial Crime
    ‘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...
  • Dubai: new legislation causes consternation.
    • Nbr. 2015, January - April 2015
    • The Middle East
    ...... positive for companies like us which do provide reliable and professional data and information services, as there are lots of false and misdirecting ... October accused Dubai's property brokerages of "professional malpractice" after they released estimates indicating that the Dubai real estate ......
  • Who Supports Professional Certification? Insights from Employment Arbitration
    • Nbr. 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...
  • Teaching library and information ethics
    • Nbr. 17-2, March 1996
    • Library Management
    Professionalism in library and information work assumes the awareness and application of ethical standards. Dealing with information products and services implicates practitioners in ethical as wel...
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Law Firm Commentaries
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