Gems in The Law Reports

[liadnan]

This litigation owes its origin to the manner in which a series of professional gentlemen in the north of England permitted themselves to transact, or in more accurate phrase to entangle and perplex, some legal business entrusted to their care. These licensed pilots undertook to steer a post captain through certain not very narrow straits of the law, and with abundance of sea room ran him aground on every shoal that they could make. First in 1824, then in 1825, and again some years afterwards, was the gallant officer incumbered with help for which he could perhaps supply a better term than I can. The crowning effort was in 1840, with reference to which, I may say, that seemingly the whole of the costs of the cause on each side, as between solicitor and client, ought to be born in a quarter upon which neither this nor any other court has probably the power to throw them.

(per Lord Justice Knight Bruce in Walker v Armstrong)

Comments

[f4f3.livejournal.com]

I'm almost sure I read that in a Patrick O'Brian novel (although I'm not going to go and leaf through all 20 tonight...)

[lizw.livejournal.com]

No wasted costs orders in those days, eh?

[liadnan]

Nope. Mind you, the people responsible weren't on the record in that action I think. It's an equitable mistake and rectification of trusts authority - I've seen cockups of similar order more than once in private client work, usually these days resulting in what was intended to be a tax avoidance measure leading to a double charge to tax or something. Would go hand in hand with a prof neg claim these days of course, and those responsible would almost inevitably end up paying the costs of the attempt to sort it all out if nothing else. If they're locatable, and good for the money or properly insured and not, for instance, doing five years at HM pleasure in relation to closely connected charges.

[red11.livejournal.com]

Lord Justice Knight Bruce is a Patrick O'Brian fan, I sooth

[red11.livejournal.com]

and only now do I read the other comments... blistering barnacles.