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09 February 2018 / Alec Samuels
Issue: 7780 / Categories: Features , Profession
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Take my word for it...

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Think carefully before you provide a recommendation, says Alec Samuels

In contemporary society, especially in the business and commercial parts of society, it is very common to ask for a recommendation, reference or accreditation verification. Somebody may ask the Law Society for ‘the name of a good solicitor in town A’. Or a solicitor may ask the General Medical Council or a Royal College for the name of a good medical expert to instruct for a possible litigation matter. Or a question may be asked of a bank or an accountancy firm or a pensions consultant or a surveyor practice or a trade association or local trading standards department or one of these bodies that produce directories of experts. Or a name may just be taken from a directory. 

Special relationships

The matter may be covered by contract, and accordingly be governed by the terms of the contract. But if there is no contract, and things go badly wrong, then the claimant must seek to rely upon the Hedley Byrne v Heller

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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