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Unbundled services get approval in the Court of Appeal

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The recent judgment of Minkin v Landsberg [2015] EWCA Civ 1152 is a major milestone for those lawyers wishing to work on an unbundled, or limited scope retainer. Jackson LJ traverses the key authorities on the scope of a solicitor’s retainer and draws together (pp.38-39) the key issues to consider when drawing up terms for […]

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Solicitors can give advice not to sue!

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In Chinnock v Wasborough & Ors [2015] EWCA Civ 441 Jackson LJ gave a clear and robust judgement on two issues in the law of professional negligence namely limitation and negative advice. The substance of this case is unusual – whether in professional judgement of the solicitors and barrister was incorrect. This was doubly unusual […]

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RIP Sir Terry Pratchett

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Remember, only the good die young and 66 is far too young! For a love of laughter from ideas an 11 year old never imagined and the teaching of a sharp, critical eye I cannot thank you enough. That ability to laugh at the absurdity of life has saved more than you can imagine. My […]

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Access to justice… Yours for just 10k!

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Well it looks like the court fees amendment got through. Now if you have a case for more than 10k you’ll have to find 5% to issue it. So in broad terms, even before you think about enforcing your rights over, say, a small business dispute that’s worth 50,000 you need to find 2,500 before […]

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Skeletons, not zombies please

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To paraphrase Jackson LJ in Inplayer v Thorogood A gentle reminder to us all that skeletons are to set out concisely and in brief, and certainly not in a profit fashion (unlike this post) the key issues and authorities in a party’s case so as to enable a court to get to grips with a […]

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Limitation cases

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Right, new job for me which means new bits of law to get deeply interested in, sadly for the one reader out there that means I’ll be trying to use this blog as a dumping ground for my notes and thoughts on cases. For anyone else reading just remember this is not legal advice, and […]

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Denton v White

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(or Mitchell was misunderstood) So the Master of the Rolls, Vos LJ and Jackson LJ have clarified the new (ish) Rule 3.9 and Mitchell in Denton & Ors v White & Ors [2014] EWCA Civ 906 by setting out that the test is now: Is the breach serious or significant – if not then relief […]

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Delayed holidaymakers rejoice!

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As those of you who know me are probably aware I spend a reasonable amount of my working day suing on behalf of beleagured holidaymakers abd whilst I’d like to put down the several thousand words I could on various peculiarities of litigation inolving foreign elements I thought I’d start with a nice light hearted […]