It is well known that one of our most famous judges, Lord Denning, stood up firmly against anything that might sully the “purity of justice”. Thus the concept of a lawyer sharing the spoils of victory with their client was complete anathema to him, since such an arrangement had the potential to put the professional in a position of being in conflict with the interests of his client. In the context of champerty, he said in his well-known judgment in Re Trepica Mines in 1963: Continue reading →
Certainty and predictability are key considerations for any party entering into a commercial contract, and a key factor in this regard is knowing what law will be applied by a court called on to enforce the contract. Certainty as to the applicable law not only enables parties to anticipate how the contractual terms may be interpreted, but also enables them to ensure that the contract complies with any applicable mandatory requirements, so as to minimise the risk of it being unenforceable. Continue reading →
I am tasked specifically within our firm to deal with cash flow. An important part of that role is to ensure that we get money in as soon as possible on conclusion of a case.
In recent years I have seen a shift in balance and attitudes towards payments on accounts of costs. There are now fewer challenges by paying parties as to whether a payment should be made; now, it is much more about how much should be paid. Continue reading →
As you return to your desks following what was, hopefully, an enjoyable summer, you may be catching up on news items. One noteworthy development that may have slipped under your radar is the news that the Solicitors Regulation Authority (SRA) has issued a warning notice on offensive communications. Continue reading →
Readers of a certain age, such as the author, will remember football pool orders. A losing plaintiff (as a claimant then was), whose personal injury claim had been run on legal aid, was protected against having to pay out any costs by the magic words: “order not to be enforced without the leave of the court”. Continue reading →