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30 July 2021 / Lydia Danon , Rosie Wild , Andrew Flynn
Issue: 7943 / Categories: Features , Fraud
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Sticking power: The Rule that just won’t go away

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Lydia Danon, Rosie Wild and Andrew Flynn reflect on a useful and enduring tool for parties to a contractual claim and their lawyers
  • Looks at evolution and present-day application of The Rule (from Pigot’s Case in 1614) in fraud law.
  • How The Rule interacts with other legal remedies.

One of the more striking aspects of the common law tradition is how long-forgotten precedents, which survive through contemporary accounts in historic case reports, can endure in their practical impact centuries later. Such rules can languish as their relevance and applicability fail to resonate with different social norms and changes to the conduct of business from which they evolved. This article considers whether the rule in Pigot’s Case (1614) 1 Co Rep 26b, 77 ER 1177 (The Rule) is ripe to be plucked from (near) obscurity to be used as a weapon in a fraud lawyer’s arsenal, or if it should be abandoned to the annals of history.

The Rule

According to the 33rd

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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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