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01 December 2011
Issue: 7492 / Categories: Case law , Law digest , In Court
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Solicitor—Disciplinary proceedings

Legal Ombudsman v Young [2011] EWHC 2923 (Admin), [2011] All ER (D) 144 (Nov)

The CPR Pt 8 procedure was, in principle, appropriate for proceedings under s 149 of the Legal Services Act 2007 (LSA 2007). It had to be remembered, however, that that procedure was intended and designed for cases which were not likely to be contentious on the facts. No doubt there would be cases in which the parties could not agree the facts on which the outcome of a s 149(4) process would turn. Then, if the case went on as a claim under CPR Pt 8, the court would be faced with the task of resolving factual disputes on affidavit evidence, and, usually, without hearing witnesses tested by cross-examination.

However, the Pt 8 procedure itself was flexible. CPR 8.1(3) allowed the court to order a claim to continue as if the Pt 8 procedure had not been used. The court could order the proceedings to continue as a claim under CPR Pt 7, in the appropriate track, and give the directions required. Bringing

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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