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27 October 2023
Issue: 8046 / Categories: Case law , In Court , Law digest
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Law digests: 27 October 2023

Contract

Glaser KC and another v Atay [2023] EWHC 2539 (KB), [2023] All ER (D) 84 (Oct)

The King’s Bench Division allowed the defendant’s appeal and dismissed the claimants’ cross-appeal, concerning the judge’s decision that the Consumer Rights Act 2015 (the Act) precluded the claimants from relying on a contractual term relating to payment (the payment term) in a written agreement (the agreement) entered into under the Public Access Scheme, but that the defendant should, nevertheless, pay 70% of what would otherwise be the contractual sum due by way of quantum meruit. The claimant barristers sued the defendant, a former client in matrimonial proceedings, for payment of outstanding fees under the terms of the agreement. The defendant argued that the application of the Act meant that the claimants were entitled to nothing, in circumstances where the trial in the matrimonial proceedings had adjourned and the defendant had indicated that she no longer wished to instruct them. The claimants argued that the Act did not apply and, even if it did, they were, nevertheless,

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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