‘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
‘A Birmingham solicitor has been struck off for practising while suspended, including appearing in court.’
Legal Futures. 10th February 2014
Source: www.legalfutures.co.uk
‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’
Law Society’s Gazette, 10th February 2014
Source: www.lawgazette.co.uk
‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’
Litigation Futures, 6th February 2014
Source: www.litigationfutures.com
‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’
Halsbury’s Law Exchange, 6th February 2014
Source: www.halsburyslawexchange.co.uk
‘Simon Love provides a warning to firms facing financial difficulty.’
New Law Journal, 5th February 2014
Source: www.newlawjournal.co.uk
‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’
Halsbury’s Law Exchange, 31st January 2014
Source: www.halsburyslawexchange.co.uk
‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’
UK Human Rights Blog, 29th January 2014
Source: www.ukhumanrightsblog.com
Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18
A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
‘Joshua Rozenberg is Britain’s best-known commentator on the law. In 2012 he was included by The Times in its independently-judged list of the UK’s 100 most influential lawyers, the only journalist to feature in the Times Law 100.’
Video (YouTube)
LSE, 16th January 2014
‘A costs judge has granted relief from sanctions in a case where the failure to serve notice of funding occurred some 15 months before the introduction of the Jackson reforms.’
Litigation Futures, 20th January 2014
Source: www.litigationfutures.com
‘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
‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’
Local Government Lawyer, 15th January 2014
Source: www.localgovernmentlawyer.co.uk
‘Two City solicitors struck off following a rare private prosecution before the Solicitors Disciplinary Tribunal (SDT) have won a High Court battle that gives them a second chance to fight the allegations against them.’
Legal Futures, 15th January 2014
Source: www.legalfutures.co.uk
‘The solicitor for MP Andrew Mitchell has confirmed that the costs appeal case is unlikely to go to the Supreme Court. Graham Atkins, founding partner at London firm Atkins Thomson, told the Gazette he had looked to have the case heard at the higher court but was advised it would not be successful.’
Law Society’s Gazette, 14th January 2014
Source: www.lawgazette.co.uk
‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’
UK Human Rights Blog, 3rd January 2014
Source: www.ukhumanrightsblog.com
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