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09 October 2024
Issue: 8089 / Categories: Legal News , Profession , Family
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Barristers’ contract terms held unfair

A claim for non-payment of fees by a family silk and junior counsel instructed under the public access scheme has been unanimously dismissed by the Court of Appeal

Glaser and Miller v Atay [2024] EWCA Civ 1111 concerned contracts between Michael Glaser KC and Victoria Miller, both of Fourteen, and their client Katharine Atay, to act as counsel in financial remedy proceedings against her former husband. Glaser’s fee was £90,000 (excl VAT) and Miller’s was £45,000 (excl VAT), to be paid in instalments.

The contract provided for a fixed fee payable even if the ten-day hearing was adjourned. When it was adjourned, however, Atay disinstructed counsel and refused to pay any more fees. The barristers sued.

Lord Justice Nugee held the terms of the contracts were unfair under the Consumer Rights Act 2015, agreeing with the High Court’s decision that the contract term ‘caused a substantial imbalance in the parties’ rights and obligations’.

Issue: 8089 / Categories: Legal News , Profession , Family
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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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