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Maintenance of action

27 November 2014
Issue: 7632 / Categories: Case law , Law digest , In Court
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Rees and another v Gateley Wareing (a firm) and another [2014] EWCA Civ 1351, [2014] All ER (D) 289 (Oct)

The claimants retained the defendant solicitors firm in relation to a land transfer transaction. The terms of the retainer were finalised on 5 August 2002. A dispute arose and the judge held that the retainer had not obliged the defendant to conduct litigation and it was therefore enforcible. The claimants appealed. On appeal, the Court of Appeal held that as the work that the defendant had carried out was work carried by them in their capacity as solicitors, the retainer had been (or at least become) an agreement within the definition of conditional fee agreement in s 58 (2) of the 1990 Act and the defendant was not entitled to enforce the retainer agreement.

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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