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LLP – repudiatory breach?

The High Court has held that the concept of repudiatory breach does not apply to an LLP agreement. 

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Privilege – ‘legal professional’

A reminder of some of the basic rules on when legal professional privilege applies:
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Cyber fraud – Ms Mackie

The heart-rending case of solicitor Karen Mackie has received considerable publicity. But, for those who believe cyber fraud could not happen to them, it is worth repeating the facts.

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Cyber-fraud – precautions

Some 50 law firms have been subjected to cyber fraud in 2015 (apparently involving £50m, with one attack being for £1.9m).

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Accounts – residual balances

’Client money must be returned to the client… as soon as there is no longer any proper reason to retain those funds’ (Accounts Rule 14.3).

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Lobbying – register

Anyone – including law firms – who lobbies ministers must register under the Transparency of Lobbying etc Act 2014.

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Retainer – identifying

It is always important to (i) identify the correct client, and (ii) identify the proper scope of the retainer.

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Client account – not a bank facility

The Law Society issued guidance on 18 December 2014 on improper use of client accounts as banking facilities for clients. Needless to say, that is not what client accounts are for and the use of them for such purposes risks law firms being involved in financial crime and the evasion of insolvency processes. 

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Professional – update

Legal Marketing Services is a conveyancing outsourcer which claims to promote a ‘more responsible’ approach to panel selections for lenders. Several of the larger lenders have joined up with LMS and the result has been new restrictions on conveyancing panels (in particular, firms must have had at least 120 purchases in the last 12 months). 

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Indemnity insurance – aggregation

The Commercial Court has favoured a wide interpretation of the aggregation clause in the SRA Minimum Terms and Conditions.

Litigation involved 214 claimants in relation to overseas holiday home developments in two different locations. In essence, the complaints were that a firm of solicitors had prematurely released funds held in escrow. The collective value of all these claims was c£10m but the solicitor’s level of indemnity was £3m for any one claim. Not surprisingly, the insurers argued that the claims should be aggregated on the basis that they arose from a ‘series of related matters or transactions’.

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Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
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Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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