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Pleadings

11 May 2012
Issue: 7513 / Categories: Case law , Civil way , In Court
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Adams and others v Ford and others [2012] EWCA Civ 544, [2012] All ER (D) 137 (Apr)

It was established law that a solicitor who issued proceedings thereby warranted that he had authority to do so. On that basis, a solicitor who acted in litigation without authority to act on behalf of the supposed client was responsible for the costs thereby incurred by the other party. The legal consequence of proceedings being issued without authority was also established.  The proceedings were defective and liable to be struck out on that account, but they were not devoid of legal effect until they were struck out.  Moreover, the court was not bound to strike them out if at the time of the strike out application the client on whose behalf the action was commenced wished it to continue and to accept responsibility for it. The CPR provided that a claim form served without a statement of truth remained effective, and therefore it could not be said that a conforming statement of truth was vital to the existence of a valid

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

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NLJ Career Profile: Kate Gaskell, Flex Legal

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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