Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

High Court rules that identity of client is covered by privilege – Legal Futures

Posted July 11th, 2014 in anonymity, confidentiality, disclosure, internet, law firms, news, privilege by sally

‘The High Court has rejected a bid to force a law firm to disclose the identity of a former client who revealed confidential information in an anonymous blog.’

Full story

Legal Futures, 11th July 2014

Source: www.legalfutures.co.uk

MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian

‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’

Full story

The Guardian, 26th June 2014

Source: www.guardian.co.uk

New laws to stop claims firms giving away tablet PCs – BBC News

‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’

Full story

BBC News, 7th June 2014

Source: www.bbc.co.uk

Government accused of ‘stoking tensions’ against human rights lawyer pursuing British soldiers for alleged war crimes – The Independent

‘The Law Society has demanded action from the Home Secretary, Theresa May, over a string of violent threats dating back a decade against the human rights lawyer who brought cases against British soldiers over alleged brutality in Iraq and Afghanistan.’

Full story

The Independent, 6th June 2014

Source: www.independent.co.uk

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) – WLR Daily

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32;  [2014] WLR (D)  222

‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

UK Supreme Court decision “opens door” for certain employment-related claims by members of partnerships, says expert – OUT-LAW.com

‘Professional services firms that operate as limited liability partnerships (LLPs) could be open to certain employment-related claims from aggrieved former members of the LLP following a recent UK Supreme Court decision, an expert has said.’

Full story

OUT-LAW.com, 23rd May 2014

Source: www.out-law.com

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by tracey

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

High Court overturns “unlawful” Legal Ombudsman decision to cut firm’s fees – Legal Futures

Posted April 22nd, 2014 in appeals, compensation, fees, law firms, legal ombudsman, news by sally

‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’

Full story

Legal Futures, 22nd April 2014

Source: www.legalfutures.co.uk

The City of London Solicitors’ Company – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted April 9th, 2014 in courts, diversity, judiciary, law firms, London, news, speeches by sally

The City of London Solicitors’ Company (PDF)

Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Judiciary of England and Wales, 31st March 2014

Source: www.judiciary.gov.uk

Santander UK Plc v RA Legal Solicitors: A shift in balance in favour of lenders? – Hardwicke Chambers

Posted April 8th, 2014 in banking, breach of trust, causation, law firms, news, solicitors, trusts by sally

‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

London litigators lament post-Mitchell “game playing” – Litigation Futures

Posted April 4th, 2014 in budgets, case management, costs, law firms, news by sally

‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’

Full story

Litigation Futures, 4th April 2014

Source: www.litigationfutures.com

Bhatia Best Ltd v Lord Chancellor – WLR Daily

Posted March 27th, 2014 in appeals, homelessness, law firms, law reports, legal aid by tracey

Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB);   [2014] WLR (D)  142

‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’

WLR Daily, 17th March 2014

Source: www.iclr.co.uk

Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures

Posted March 25th, 2014 in insurance, law firms, legal profession, news by sally

‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’

Full story

Legal Futures, 25th March 2014

Source: www.legalfutures.co.uk

Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by tracey

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

Full story

Legal Futures, 13th March 2014

Source: www.legalfutures.co.uk

Court of Appeal puts law firm in the dock after being duped in mortgage fraud – Legal Futures

Posted February 25th, 2014 in appeals, conveyancing, fraud, law firms, mortgages, news by sally

‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’

Full story

Legal Futures, 25th February 2014

Source: www.legalfutures.co.uk

High Court untangles claim and counterclaim over law firm sale – Legal Futures

Posted February 17th, 2014 in insurance, law firms, limited liability partnerships, news by sally

‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’

Full story

Legal Futures, 17th February 2014

Source: www.legalfutures.co.uk

Do contractual principles apply to section 35(d) of the Partnership Act 1890? The CoA sets the record straight – 11 Stone Buildings

Posted February 14th, 2014 in contracts, law firms, news, partnerships by sally

‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com

What are the Wider Implications of the Impending Tax Changes of Members of an LLP? – Littleton Chambers

‘The impending tax changes for the taxation of the members of LLP have been generating significant concerns, not only for our LLP clients but also Law firms themselves. The prospect of firms having a NIC liability, and the tax consequences for individual members themselves, have concentrated legal minds both internally and externally.’

Full story

Littleton Chambers, 4th February 2014

Source: www.littletonchambers.com