Litigation Recent Decisions 04/02/97

Assessing compensation payable by the Law Society

(1) R v Law Society, ex parte Mortgage Express; (2) R v Law Society, ex parte Alliance & Leicester Building Society (1997)

CA (Lord Bingham CJ, Mummery LJ and Sir Brian Neill) 17/12/96

Summary: Appeal by the Law Society concerning compensation claims by building societies for solicitors' frauds.

Law Society's appeal in two challenges to Judge Ognall's decision granting orders of certiorari on applications for judicial review, against members of the appellant's committee to whom the appellant had delegated its powers to determine claims for compensation for losses caused by dishonest solicitors. The judge had held that the committee had misdirected itself in law in its decisions concerning the two claims. The compensation fund was established under the Solicitors Act 1941.