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11 May 2012
Issue: 7513 / Categories: Case law , Civil way , In Court
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Pleadings

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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