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06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
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Solicitor

Obi v Solicitors Regulation Authority [2013] EWHC 3578 (Admin), [2013] All ER (D) 271 (Nov)

It was settled law that the solicitor’s disciplinary tribunal comprised an expert and informed tribunal, which was particularly well placed, in any case, to assess what measures were required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court had to pay considerable respect to the sentencing decisions of the tribunal. Further, an appellate court should not interfere with the trial judge’s conclusion on proportionality in such a case, unless it decided that the conclusion had been wrong. A decision would not be wrong simply because the appeal court might, had it been sitting at first instance, have awarded a different sentence. There would be a number of cases where an appellate court might think that there was no right answer, in the sense that reasonable judges could differ in their conclusions. In such cases, any appeal had to be dismissed.

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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