‘A costs judge was wrong to give the paying party the benefit of the doubt when she was not sure if there was an implied retainer in existence before the written agreement, a High Court judge has ruled.’
Litigation Futures, 21st August 2018
Source: www.litigationfutures.com
‘The Solicitors Regulation Authority (SRA) has made struck-off solicitor Alan Blacker bankrupt over unpaid costs.’
Legal Futures, 20th August 2018
Source: www.legalfutures.co.uk
‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’
Litigation Futures, 16th August 2018
Source: www.litigationfutures.com
‘The number of law firms closed by the Solicitors Regulation Authority (SRA) rose by 35% last year to 50, it has emerged.’
Legal Futures, 15th August 2018
Source: www.legalfutures.co.uk
‘A man has pleaded guilty to five counts of providing unqualified immigration advice and services, some 13 years after an identical conviction.’
Legal Futures, 14th August 2018
Source: www.legalfutures.co.uk
‘Solicitors convicted separately of head-butting another parent at a children’s rugby match and making fraudulent expenses claims to the Crown Prosecution Service (CPS) have both been struck off.’
Legal Futures, 13th August 2018
Source: www.legalfutures.co.uk
‘A struck-off solicitor called to give evidence over a will she drafted often said “the first thing that came into her without reflecting on whether it was correct”, the High Court has found.’
Legal Futures, 9th August 2018
Source: www.legalfutures.co.uk
‘More types of poor conduct by claimant solicitors in the holiday sickness market have been uncovered, their regulator has warned.’
Legal Futures, 10th August 2018
Source: www.legalfutures.co.uk
‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’
Legal Futures, 10th August 2018
Source: www.legalfutures.co.uk
‘A Divisional Court comprising Lord Justice Leggatt And Mrs Justice Carr DBE has allowed a judicial review challenge brought by the Law Society to a decision made by the Lord Chancellor to introduce a 40% cut to the maximum number of pages of prosecution evidence (‘PPE’) that count for payment of criminal defence solicitors. The regulations that introduced the cut will be quashed (p.143 of the judgment).’
Blackstone Chambers, 3rd August 2018
Source: www.blackstonechambers.com
‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’
Hardwicke Chambers, 31st July 2018
Source: www.hardwicke.co.uk
‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’
Hardwicke Chambers, 12th July 2018
Source: www.hardwicke.co.uk
‘A law firm partner who sent a series of offensive messages about various religions has been suspended from practising for 18 months.”
Law Society's Gazette, 6th August 2018
Source: www.lawgazette.co.uk
‘Applicants for QC status should not have to approach a judge for a favourable reference, the Law Society has said, suggesting that providing a list of substantial cases they had acted in would help remove the ’apparent bias’ against solicitor advocates. It was responding to a consultation by QC Appointments (QCA) on improving the appointments process to the historic rank.’
Law Society's Gazette, 6th August 2018
Source: www.lawgazette.co.uk
‘Government attempts to cut legal aid fees for solicitor evidence work have declared unlawful by the high court.’
Rights Info, 3rd August 2018
Source: rightsinfo.org
‘A senior solicitor who sent offensives tweets about Islam, Catholicism and Judaism – and also retweeted some – has been suspended from practice for 18 months.’
Legal Futures, 6th August 2018
Source: www.legalfutures.co.uk
‘The Solicitors Regulation Authority (SRA) is looking to clarify the threshold used by law firms when deciding whether to report concerns over misconduct.’
Legal Futures, 2nd August 2018
Source: www.legalfutures.co.uk
‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘John Gould offers some advice on how to strike a balance between clarity & flexibility in recent changes to the solicitors’ rule book.’
New Law Journal, 27th July 2018
Source: www.newlawjournal.co.uk
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