Legal Profession

In the circumstances although the client was intelligent and informed there was a duty on the solicitor to explain the workings of the final version of a shareholder agreement to a client before its execution where the client had not previously entered into such an agreement before. Preferably that......

Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. Introduction Without doubt confidentiality is at the corner stone of a solicitors practice. In Miers v Evans (1839 3 Jur 170), Patteson J held: '…......

The continued failure by counsel to meet TCC deadlines contained in the TCC Guide will be met with a tougher response, and is more likely to lead to adjourned hearings and wasted costs orders. If all parties want to keep the trial date, then an application that is left until the PTR will inevitably......

The judge had been correct to reject a claim of negligence against a firm of solicitors in the context of an alleged failure to provide counsel in the ancillary relief matrimonial proceedings as part of the client's updated income figures. The appeal was dismissed as the information would not h......

Appeal against a finding that, in the absence of an express provision in the Insolvency Rules 1986, the court had no jurisdiction to order payment of solicitors' fees for work done in an unsuccessful opposition to a winding up petition as an expense in a company's subsequent out of court ad......

Where a firm of solicitors was instructed by an executive director to draft a new service contract with his company, the solicitors' duty of care to the company required the solicitors to ensure that the finished draft was accompanied by a written explanation to the company in user-friendly lan......

A solicitor acting for a commercial borrower whose negligent misstatement led to the lending bank granting a full rather than partial discharge of security was not liable in damages to the lender following the borrower's insolvency. ......

Failure to provide appropriate court fee meant claim submitted for issue on last possible day was not "brought" within the relevant limitation period. C claimed against D, their former solicitors, for secret profits. The issue was whether the claim had been "brought" within six years for the pur......

Solicitors who acted for a client in a claim for compensation for vibration white finger under a scheme providing tariff-based compensation were in breach of duty in not consulting the client directly as to his losses and instead relying on questionnaires and standardised letters. Although he had b......

The legal sector is abuzz with mentions of artificial intelligence, machine learning and blockchain. And yet, it can be difficult to discern exactly what impact these technologies will have, or how they will be implemented. In reality, day-to-day legal practice is much more likely to be impacted b......

The issue was whether legal advice privilege extends to legal advice given by professionals other than professional lawyers. The appellants submitted that it was entitled to refuse to comply with a notice under s.20, Taxes Management 1970 to disclose documents in connection with its tax affairs on ......

The Claimant pursued a claim under the DTI compensation scheme for compensation for exposure to vibration and for vibration white finger. His claim included a claim for loss of services. On advice from his solicitors he abandoned that claim. He subsequently brought a claim for professional negligen......

An appeal against the hourly rate allowed to a personal injury claimant's solicitors for the costs of the action. The issue was whether it was reasonable for the claimant to instruct central London solicitors when the case was closely tied to the south west of England. Held: The test is w......

Where a husband transferred his interest in the matrimonial home to his wife in exchange for endowment policies worth less than the property, solicitors advised the wife to obtain a declaration by way of consent order as to her husband's solvency. The husband was unable to provide the declarati......

A judge had erred in summarily dismissing part of a property investment company's claim in negligence against its solicitors in respect of their advice regarding extensions of the leases of two flats under the Leasehold Reform, Housing and Urban Development Act 1993. Prior to the extension grou......

Appeal against a wasted costs order against solicitors instructed by a bankrupt claimant granted on the ground that they conducted litigation in the absence of consent by the trustee in bankruptcy. Held: A wasted costs order application may be made orally in the course of any hearing (CPD (CPR P......

Solicitors defending a professional negligence claim by a mortgage lender in relation to buy-to-let mortgage transactions were not entitled to disclosure of the lender's credit process guide in circumstances where they had not shown that the guide supported their case or damaged the lender'......

Solicitors were retained to draft a limited liability partnership agreement for a business focusing as an executive search consultancy. The agreement was to allow new partners into the partnership and allow one an option to withdraw half its capital contribution within a period following commenceme......

An action concerning the scope of a solicitor's authority to act in a conveyancing transaction. The pursuers sought damages on the grounds that their solicitors accepted a qualified acceptance on their behalf without instruction. The issues were first, whether or not there had been a breach of ......