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
Category: law firms
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.’
OUT-LAW.com, 23rd May 2014
Source: www.out-law.com
AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily
‘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
‘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.’
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
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
‘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.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
London litigators lament post-Mitchell “game playing” – Litigation Futures
‘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.’
Litigation Futures, 4th April 2014
Source: www.litigationfutures.com
Bhatia Best Ltd v Lord Chancellor – WLR Daily
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
‘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.’
Legal Futures, 25th March 2014
Source: www.legalfutures.co.uk
Withers ordered to pay out £1.6m over negligence claim – Legal Futures
‘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.’
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
‘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.’
Legal Futures, 25th February 2014
Source: www.legalfutures.co.uk
High Court untangles claim and counterclaim over law firm sale – Legal Futures
‘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.’
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
‘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.’
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.’
Littleton Chambers, 4th February 2014
Source: www.littletonchambers.com
Are judges and opposing parties targeting lawyers? Recent cases suggest they are – Legal Futures
‘A string of recent cases indicate that judges may be increasingly tempted to remind solicitors of their duty to act impartially in litigation, in an era of alternative business structures (ABSs) where their loyalties might be tested, according to a leading criminal lawyer.’
Legal Futures, 13th February 2014
Source: www.legalfutures.co.uk
Mind your step – New Law Journal
‘Simon Love provides a warning to firms facing financial difficulty.’
New Law Journal, 5th February 2014
Source: www.newlawjournal.co.uk
High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures
‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’
Legal Futures, 27th January 2014
Source: www.legalfutures.co.uk
High Court stiffens penalties against solicitors over “opaque” conveyancing quotes – Legal Futures
‘A law firm whose clients were unaware of the true cost of their conveyancing after being reeled in with low quotes did not take unfair advantage of them, the High Court has ruled.’
Legal Futures, 20th January 2014
Source: www.legalfutures.co.uk
Legal Aid cuts challenge democratic notion of justice – The Lawyer
‘New research highlights the impact of Government cuts on lawyers entering criminal practice.’
The Lawyer, 2nd December 2013
Source: www.thelawyer.com
Litigation Trends Survey – The Jackson Effect – New Law Journal
‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’
New Law Journal, 30th October 2013
Source: www.newlawjournal.co.uk
