Solicitor—Costs—Unqualified person

Court of Appeal, Civil Division  Rix, Etherton and Gross LJJ 
30 July 2010

The Solicitors’ Practice Rules 1990 (SPR) have the effect of subordinate legislation made pursuant to s 31 of the Solicitors Act 1974 (SA 1974). Agreements made contrary to them are accordingly unlawful, and further void and unenforceable.

Robert Englehart QC (instructed by Carter Fox) for the First Appellant, Kevin Metzger (instructed by Carter Fox) for the Second Appellant, William Buck (instructed by Close Thornton) for the First Respondent, James McClelland (instructed by Russell Cooke) Second Respondent

The deceased was a solicitor who practised as a sole practioner. His practice was in criminal litigation, all or most of which was publicly funded. Prior to 2002, he worked predominatly in the magistrates’ courts. In 2002, with a view to expanding into the Crown Court, he entered into agreements with V, who carried on business through the first claimant company W Ltd, and the second