Lack of Integrity at the Solicitors Disciplinary Tribunal

10 April

Jeremy Barnett considers the recent case of Wingate & Evans v SRA [2018] EWCA Civ 366 and the definition of ‘lack of integrity’ at the Solicitors Disciplinary Tribunal and other professional regulators.

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SRA playing for headlines?

06 December

At a private seminar held at the Law Society on 16 November 2016, Jeremy Barnett reviewed a number of SDT decisions in order to form a view on the SRA’s current priorities in this field. This article summarises those cases and Jeremy’s conclusions.

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Case summary: Patel v Mirza

31 August

The Supreme Court has handed down judgment in Patel v Mirza [2016] UKSC 42. The lead judgment was by Lord Toulson JSC. Full judgment text available here. The case involved the use of a spread-betting account to speculate on price movements of Royal Bank of Scotland Plc (“RBS”) shares. The account holder (the appellant) intended to use […]

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Fracking and shale gas, today and tomorrow

08 September

An analysis of the current regulatory regime governing the fracking and shale gas industries and a discussion of potential future developments.

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Liquidated Damages Clauses

28 February

Liquidated damages and penalties defined 1. The rule against penalties is an exception to the general rule that the Court will enforce the terms of lawfully made contracts. The Court generally will not rewrite contracts or strike out clauses, which are unduly harsh. 2. The classic statement of the rule is in the House of […]

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Tactics on Disclosure & Requests for Information

28 February

Introduction Standard disclosure 1. CPR Part 31 sets out rules about disclosure and inspection of documents applicable to all claims, except a claim on the small claims track (CPR rule 31.1(2)). However the rules may be modified, eg: CPR Part 63.8 and paragraph 5 of the Part 63 PD in intellectual property proceedings; and paragraph […]

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e-Legal Services: To speed up justice for B2B systems

27 February

Abstract International business is increasingly undertaken within flexible, multi-organisational e-Businesses to address the needs of the global market. Underpinning this are Business-to-Business (B2Bs) processes and Web Services. The purpose of this paper is to outline some new ideas to speed-up the Negotiation and Dispute Resolutions business processes. In particular it addresses the need for systems […]

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Legal Advice Privilege: Prudential case

27 February

Supreme Court confirms that client’s right to claim Legal Advice Privilege only applies to advice given by professionally qualified lawyers In its recent judgment in R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1, a Supreme Court consisting of seven judges upheld by a […]

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Limitation Update

27 February

Introduction: What is damage? 1. In Nykredit Mortgage Bank plc v Edward Erdman Group Ltd (No 2) [1997] 1 WLR 1627, Lord Nicholls said at p 1630B/C: “As every law student knows, causes of action for breach of contract and in tort arise at different times. In cases of breach of contract the cause of […]

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Calculating Claims of Interest

28 February

Introduction 1. In Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669, Lord Goff of Chieveley, said at page 684: “One would expect to find, in any developed system of law, a comprehensive and reasonably simple set of principles by virtue of which the courts have power to award interest… Sadly, however, that […]

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