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02 September 2022 / Dan Stacey
Issue: 7992 / Categories: Features , Procedure & practice
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Belsner v Cam Legal: looking back to look ahead

92274
As the headline case rumbles on, Dan Stacey explores the courts’ previous stances on the issue of fiduciary duties & solicitors’ remuneration
  • Previous rulings, both before and after the Attorneys’ and Solicitors’ Act 1870, established the position of the courts on fiduciary duties and solicitors’ remuneration.
  • There is no indication that such duties relating to remuneration do not survive into the present.

The ongoing YouTube soap opera of Belsner v Cam Legal in the Court of Appeal is now to have further screenings on 4, 5 and 6 October 2022. It is a convenient opportunity to consider fiduciary duties and solicitors’ remuneration, one of the issues at stake in the appeal. It is suggested here that a solicitor owes a fiduciary duty to deal fairly with the client in respect of remuneration before and during the currency of the retainer.

Fair dealing

First, that a fiduciary duty is owed by a solicitor to a client is not in doubt: eg Clark Boyce v Mouat [1994]

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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