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Time for change?

17 November 2023 / Laura Rees
Issue: 8049 / Categories: Features , Profession , Costs
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Laura Rees suggests it’s time Parliament reviewed the Solicitors Act 1974 to give consumers & solicitors better protection
  • Payment for the purpose of s 70 of the Solicitors Act can include the transfer of money in satisfaction of a bill with the knowledge and consent of the client.
  • Consent can be given prior to the delivery of a bill and does not have to be a specific figure, and delivery takes place when the deduction is made.
  • Whether the client authorised the solicitor to recoup fees by way of a deduction from funds in hand ‘is a question of interpretation of the written contract of the retainer’.

In Menzies v Oakwood Solicitors [2023] EWCA Civ 844, the claimant, Menzies instructed Oakwood Solicitors in relation to a road traffic accident. Oakwood Solicitors acted under a conditional fee agreement (CFA). The substantive case was unremarkable, and damages were agreed with the defendant for £275,000. Following the agreement of damages, Oakwood Solicitors wrote to Menzies enclosing an interim statute bill showing their total costs,

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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