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1. Dear *****, can you provide more details of the case please. What was the case about and what ruling was made by the High Court judge and upon appeal? Do you now want to make a further appeal? What remedy or solution do you want from the situation?
1. Dear *****, the first thing you need to be aware is that when a case fails because of the negligence of barrister and solicitor, that cause of action then gets replaced by a cause of action against the solicitor and barrister. So here, you should instruct a new solicitor to issue legal proceedings against the barrister and solicitor who failed you in suing the original solicitor, as they were negligent in failing to properly bring the proceedings.
2. The second point is that you need to show a point of public importance in order to bring the appeal before the Supreme Court. At this juncture, after a Court of Appeal hearing, that would normally be the end of the matter. However, you now need your lady barrister to get together a point of public importance which will bring the appeal before the Supreme Court. My own view is that the issue of fraud in equity is a point of public and general importance and is one which you can take. However, get your lady barrister to review the papers and settle them for an appeal.
3. Be aware that Mantell LJ's decision appears perverse on its face. So you would have excellent chances of an appeal before the Supreme Court. So ensure that an appeal is taken.
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