Gemma Carson Archive

Solicitors as guarantors for conveyancing transactions?

Buying and selling houses can be stressful enough, but what happens if you discover that the seller was a fraudster after your solicitor has already handed over the purchase monies? The recent decision of the Court of Appeal has come as good news to the two unsuspecting purchasers, who lost 1.03 and 1.1 million, and have successfully claimed it from the acting solicitors.

Loss of Capacity – Will my Conditional Fee Agreement be terminated?

In January 2015, the Court of Appeal considered whether the loss of mental capacity automatically terminated a Conditional Fee Agreement in the case of Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust. The Court of Appeal concluded that the Conditional Fee Agreement was not terminated as result of the claimant’s loss of mental capacity.

The cost of failing to costs budget

In April 2013, new court rules were introduced that imposed an obligation on all parties to court proceedings who are represented by solicitors and who have cases worth in excess of £25,000 commenced after 1 April 2013 to file and serve a costs budget. The rules have recently been amended to provide that parties must now exchange budgets rather than serve but this is still an obligation and a must rather than a may.
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