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Belsner v Cam Legal: looking back to look ahead

02 September 2022 / Dan Stacey
Issue: 7992 / Categories: Features , Procedure & practice
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As the headline case rumbles on, Dan Stacey explores the courts’ previous stances on the issue of fiduciary duties & solicitors’ remuneration
  • Previous rulings, both before and after the Attorneys’ and Solicitors’ Act 1870, established the position of the courts on fiduciary duties and solicitors’ remuneration.
  • There is no indication that such duties relating to remuneration do not survive into the present.

The ongoing YouTube soap opera of Belsner v Cam Legal in the Court of Appeal is now to have further screenings on 4, 5 and 6 October 2022. It is a convenient opportunity to consider fiduciary duties and solicitors’ remuneration, one of the issues at stake in the appeal. It is suggested here that a solicitor owes a fiduciary duty to deal fairly with the client in respect of remuneration before and during the currency of the retainer.

Fair dealing

First, that a fiduciary duty is owed by a solicitor to a client is not in doubt: eg Clark Boyce v Mouat [1994]

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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