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21 July 2023
Issue: 8034 / Categories: Legal News , Procedure & practice , Professional negligence
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NLJ this week: Collateral attacks, disgruntled litigants & accusations of negligence

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'Litigants who lose sometimes blame their lawyer' is a truth widely acknowledged in the legal sector. Writing in this week’s NLJ, Michael Bundock, barrister, dispute resolution, LexisNexis, looks specifically at the circumstances in which a negligence claim may be struck out as an abuse of process because it involves a collateral attack on the earlier judgment.

The courts will not allow attempts to relitigate issues already determined.

Bundock covers a recent case concerning a bitterly contested wills dispute, Christodoulides v CP Christou LLP and another, which raised several interesting points on collateral attacks. He writes: ‘A further issue in Christodoulides was the effect of the negligence claim on documents of public record… There was a strong public interest in the finality of a grant of probate that militates against it being challenged collaterally. The same point applied to the claim concerning the transfer of property.’ 

Read the full article here.

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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