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Time for change?

17 November 2023 / Laura Rees
Issue: 8049 / Categories: Features , Profession , Costs
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

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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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