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Solicitor

18 November 2016
Issue: 7723 / Categories: Case law , Law digest , In Court
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Zoya Ltd v Ahmed (t/a Property Mart) [2016] EWHC 2249 (Ch), [2016] All ER (D) 75 (Nov)

The Chancery Division dismissed the defendant’s application for an order for costs against a firm of solicitors for the alleged breach of a warranty of authority. The defendant had contended that, by issuing proceedings on behalf of the claimant, the solicitors had warranted that they had had authority to act on the claimant’s behalf when, following the determination of preliminary issues, it was in the fact the case that they had had no such authority. The court held that the warranty had been given at the outset of the proceedings, but had no longer been given after a certain period and that the defendant had failed to establish that he had relied on the warranty in the sense that he had been induced by it to act to his prejudice.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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