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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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