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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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