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17 November 2023 / Laura Rees
Issue: 8049 / Categories: Features , Profession , Costs
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Time for change?

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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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