When considering whether to make an award for indemnity costs, it was necessary to consider whether a party's conduct was such that it should attract the court's censure. The Respondent had not made a misleading statement and it was not game playing. It had made a striking out application which was not hopeless, and though no reason was given for its abandonment the application was not improper and it was supported by a witness statement. It was held that mere abandonment should not give rise to ...
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Following findings of contempt against two family members of a Claimant in which the Claimant's daughter was 6 months imprisonment suspended for 12 months and 3 months imprisonment for the Claimant's husband suspended for 12 months, the Court ordered the relatives to pay 70% of the Defendant insurer's costs. The case against a third family member failed entirely so she was entitled to her costs of the action. The Defendant's insurer's costs were reduced first to take into account the lack of suc ...
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The interesting point in this adjudication enforcement decision is whether execution of a summary judgment in favour of enforcement of the adjudicator's decision should be stayed until the decision of a county court case which was hearing the same matter. It is established that a party may refer a dispute to adjudication even though it is the subject of current litigation as the Housing Grants, Construction and Regeneration Act 1996 permits the referral of a dispute "at any time". However, this ...
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The TCC considered whether a breach of natural justice by an adjudicator could amount to a total failure of consideration thereby preventing the adjudicator from recovering his fees. The adjudicator had failed to address the defences of the respondent to the adjudication with the result that the decision was unenforceable. Akenhead J held that when engaging the services of an adjudicator the parties bargained for not only the production of the decision, but also the discharge of functions such a ...
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Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This is a case of crucial importance to all lawyers and a valuable lesson in client care and dealing properly and in good fashion with the regulator. Below is an extract of a blog written by Anis and posted on today's Conveyancer on 18 Novemeber 2011. Background This was a complaint by clients that a solicitor had failed to update the client and ultimately failed to deal with a nu ...
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The Appellants Lessees ("A") appealed against a decision of the Leasehold Valuation Tribunal ("the LVT") whereby the LVT decided that service charges being demanded by the Respondents in respect of major works for the years 2009 (£100,000) and 2010 (£538,012) were reasonably incurred pursuant to s.19(1)(a) of the Landlord and Tenant Act 1985 ("the 1985 Act") . The LVT interpreted reasonableness under s.19 of the 1985 Act as relating to the reasonableness of the works in question and their costs. ...
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A mortgage lender was entitled to the return of mortgage moneys that a firm of solicitors had paid to fraudsters in breach of the terms of its instructions. The claim was advanced on the basis of breach of trust, breach of contract and in tort. The conduct of the principal indicated that he had little knowledge of conveyancing law and the firm was naive and had not maintained good professional standards. The firm should have been put on guard by the fact that it was instructed by purchasers in r ...
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A judge had been correct to dismiss a claimant's claim for professional negligence against a firm of solicitors because it was debarred by the limitation period which ran from the date of knowledge in 2005 which was when the claimant's absestosis was confirmed.
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A housing association brought a claim against housing consultants for alleged negligent advice in respect of the transfer to it of the social housing stock of the local authority. The claim failed.
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Where a solicitors' firm had breached its retainer in two minor respects, it was entitled to recover its fees for services undertaken in connection with her matrimonial affairs because those breaches had not caused the client to suffer any loss.
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