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Pleadings

11 May 2012
Issue: 7513 / Categories: Case law , Civil way , In Court
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Adams and others v Ford and others [2012] EWCA Civ 544, [2012] All ER (D) 137 (Apr)

It was established law that a solicitor who issued proceedings thereby warranted that he had authority to do so. On that basis, a solicitor who acted in litigation without authority to act on behalf of the supposed client was responsible for the costs thereby incurred by the other party. The legal consequence of proceedings being issued without authority was also established.  The proceedings were defective and liable to be struck out on that account, but they were not devoid of legal effect until they were struck out.  Moreover, the court was not bound to strike them out if at the time of the strike out application the client on whose behalf the action was commenced wished it to continue and to accept responsibility for it. The CPR provided that a claim form served without a statement of truth remained effective, and therefore it could not be said that a conforming statement of truth was vital to the existence of a valid

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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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