X Insurance Co v A and B, 1936 SC 225
Citation: X Insurance Co v A and B, 1936 SC 225
Rule of thumb: In order to prove a professional misconduct case, does motive have to be shown? Yes, as a general rule motive has to be shown, and genuinely accidental wrongdoing which the professional seeks to make right does not bring a successful misconduct accusation to be upheld.
Judgment:
Where there is ‘no win no fee’ success/win is deemed to be getting any settlement, not necessarily getting a good settlement, ‘Success ... obtaining damages... a settlement’, Lord President Normand at 239. In order to successfully prove a misconduct case, as an essential element of the case in addition to the act itself, it usually has to be shown what the perpetrator’s motive was for behaving in this manner – rather than it being purely accidental, ‘the cases show that some dishonourable act or improper motive is essential in an act of professional misconduct’, Lord Morrison at 250
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.