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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

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

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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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