On 17 October 2019, at the invitation of the Ministry of Justice (MoJ), Professor Rachel Mulheron of Queen Mary University of London and Nicholas Bacon QC delivered their initial draft Damages-based Agreement Regulations 2019 for England and Wales, pursuant to their independent review of the DBA Regulations 2013. The DBA Reform Project is now seeking feedback from practitioners and other stakeholders before 15 November 2019. Continue reading
Normally a solicitor/client retainer is an entire contract; see Vlamaki v Sookias & Sookias: Continue reading
Last summer, a ten day trial in which I was involved was adjourned. The judge recused himself after one of the party’s solicitors sent an email to the judge’s clerk enclosing a link to a website containing sensationalist (but true) information about one of the counsel involved in the case. The subsequent successful wasted costs application cost the solicitor’s firm in excess of £100,000. It was a salutary lesson in how careful we as lawyers need to be in our electronic communications. It is all too easy to fire off an email or post on social media without thinking through the professional consequences of doing so. Continue reading