Hamilton and Dixon Group SIPP v Hastings and Company (Solicitors) (sued as a firm)
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 2014 |
| Neutral Citation | [2014] NICh 27 |
| Court | Chancery Division (Northern Ireland) |
| Date | 01 December 2014 |
1
Neutral Citation No. [2014] NICh 27
Ref:
DEE9454
Judgment: approved by the Court for handing down
Delivered:
01/12/2014
(subject to editorial corrections)*
2014 No 61531
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
________
IN THE MATTER OF A SOLICITOR AND IN THE MATTER OF THE
SOLICITORS (NORTHERN IRELAND) ORDER 1976
BETWEEN:
HAMILTON AND DIXON GROUP SIPP
Plaintiff;
and
HASTINGS AND COMPANY (SOLICITORS)
(SUED AS A FIRM)
Defendant.
________
MR JUSTICE DEENY
[1] This application raises a point of general interest regarding the disclosure of
solicitor’s files, albeit arising from unusual facts. The solicitors acting for the putative
plaintiff herein issued an originating summons on 11 June 2014, pursuant to Article
71C of the Solicitors (NI) Order 1976 and the inherent jurisdiction of the court,
seeking that “the defendant deliver up to the plaintiff all papers, documents and title
deeds in the possession and custody of the defendant relating to the property
transaction in respect of Hamilton and Dixon Group SIPP property at 85
Ballylumford Road, Islandmagee, Larne.”
[2] The application arose in the following way. Hastings and Co had been
instructed by Sippdeal Trustees Ltd in connection with a transaction. This involved
the sale to the ‘Hamilton and Dixon Group Self Invested Personal Pension’ of Folio
23927 County Antrim. Hastings and Company acted for the vendor as well as the
purchaser. No criticism is made of them for so acting. The interest of the purchaser
was registered on 29 December 2011. The entry reads as follows:
“Maynard Hector Hamilton of (address) is full owner as a
tenant in common of an undivided 66.6% share.
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2 cases
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Martin Charles Armstrong v Berrymans Lace Mawer LLP (Trading as BLM)
...the consent of the other client i.e. the insurer – see Hamilton and Dixon Group Sipp v Hastings and Company (Solicitors)(sued as a firm) [2014] NICh 27. That consent is being obtained and I believe will not be withheld, whereupon your client will be entitled to a copy of the documents to wh......
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Wong v Grand View PTC and ors (Ruling on specific discovery)
...McSweeney for the 5th Defendant The following cases were referred to in the judgment: Hamilton and Dixon Group SIPP v Hastings Solicitors [2014] NICh 27 Berezovsky v Hine [2011] EWCA Civ 1089 Taylor v Anderton [1995] 1 WLR 447 Barclays Bank v Eustice [1995] 1 WLR 1238 Dubai Bank v Galadari ......