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Can solicitors knowingly make false claims on a without prejudice basis?

  • 10-10-2010 9:28pm
    #1
    rynners
    Registered Users, Registered Users 2 Posts: 443 ✭✭


    Hi
    Can a solicitor make claims which he/she fundamentally knows to be untrue on a without prejudice basis in correspondance?
    Fundamental being same solicitor drafted was signatory and trustee in 2 documents (leases) in question. Claims being made on first lease because for various, almost understandable, reasons the second lease was never gone through with a fine tooth comb. (2nd lease extinguished first lease and has very different covenants, much to the disadvantage to the solicitor in question and the other trustees/signatories). All claims/blames have been made by him to date based upon the 1st lease which he obviously knows to be extinguished including damage to the building when it was their obligation to insure.

    Is a solicitor allowed behave in this manner?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    My answer to the question posed in the title to your thread is "no".

    Haven't time just now to work out what the problem is with the two leases.

    However as it does seem to be complicated you should take legal advice.


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