The High Court has criticised a senior solicitor for his role in a £1.3m professional negligence claim, complicated by his romantic relationship with the claimant, Ellen Kay, and his involvement as a witness.
Richard Morgan, a senior solicitor, was found to have acted against legal best practices by representing Ellen Kay in a claim against the law firm Martineau Johnson—now Shakespeare Martineau—while being in a romantic relationship with her. The court highlighted the inappropriate nature of a solicitor acting in a case where he also serves as a witness.
Ellen Kay had filed a negligence claim against her former solicitors, alleging misguided advice during her divorce in 2008, which included a recommendation for a clean break from her ex-husband. Despite being outside the primary limitation period, she argued that she only realised the negligence in May 2020 after consulting specialist family counsel.
Morgan, who retired as head of commercial litigation at Harrison Clark Rickerbys (HCR) in March 2023, had been involved with Kay since 2018, taking steps to reopen her settlement based on her former husband’s apparent wealth. Acting on a pro bono basis, he facilitated the acquisition of counsel’s opinion, though he faced criticism for not involving HCR’s family law experts.
Judge Russen, sitting as a High Court judge, determined that Morgan’s actions had prejudiced the court’s sense of justice due to his dual role as both legal representative and witness. Morgan’s admissions included drafting ‘untrue statements’ in letters to create a ‘smokescreen’ for delays, further highlighting the pitfalls of his dual involvement.
Kay’s case was ultimately deemed time-barred, with the judge arguing that she either possessed or should have acquired ‘trigger knowledge’ of the alleged negligence by 2009, if not by late 2018, thereby invalidating her 2023 claim. The involvement of Morgan from 2018 to 2019 was seen to adversely impact the case’s limitation issues, according to Martineau Johnson’s counsel.
The judgement serves as a cautionary reminder of the necessity for professional detachment in legal proceedings, reinforcing the Solicitors Regulation Authority’s (SRA) stipulations regarding conflicts of interest and the maintenance of professional independence.
The court’s decision underscores the critical importance of maintaining boundaries between personal relationships and professional duties within legal practice, demonstrating the potential repercussions of failing to do so.
