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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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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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