Latest by Aimee Talbot

Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 June 2020. By Aimee Talbot, Senior Associate and Will Sefton, Partner

A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

Read more
Blog

Judicial guidance on listing of hearings remotely

Published on 22 April 2020. By Rhian Howell, Partner and Aimee Talbot, Senior Associate

Green tint 3

Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

Read more
Blog

Bossing the Rules: StaRs Rule 1.4: “you do not mislead anyone”

Published on 23 December 2019. By Graham Reid, Legal Director, Professional Regulation and Aimee Talbot, Senior Associate

Gray tint 1

The Solicitors’ Practice Rules 1990 (“SPR”) did not contain any express prohibition on misleading anyone; although, depending on the circumstances, such conduct was likely to have contravened the basic principles. Like today’s principles, these required solicitors not to do anything in the course of practising as a solicitor (or permit anyone to do anything on their behalf) which compromises or impairs (or is likely to compromise or impair) the good repute of the solicitor or the profession or the solicitor’s duty to the court.

Read more
Blog

Bossing the rules

Published on 03 December 2019. By Aimee Talbot, Senior Associate

Watch out for RPC's new blog mini-series on the SRA Standards and Regulations 2019.

Read more
Blog

Costs proportionality: answers at last?

Published on 22 November 2019. By Aimee Talbot, Senior Associate

Purple tint

Practitioners have been waiting six years for authoritative guidance on how the new post-April 2013 proportionality test applies in the hope that we will be better able to predict the outcome of costs assessment and, therefore, better equipped to advise our clients. A recent Court of Appeal decision has been described as delivering this; however, it raises a number of new issues which are sure to give rise to further satellite litigation. As such, proportionality remains the great unknown.

Read more
Blog

Judge makes alarming comments about validity of standstill agreements in Inheritance Act claims

Published on 12 March 2019. By Aimee Talbot, Senior Associate and Rhian Howell, Partner

In a recent judgment, the High Court has cast doubt on the extent to which the court will recognise standstill agreements in applications under the Inheritance (Provision for Family & Dependents) Act 1975.

Read more
Blog

Section 14A, don't delay!

Published on 24 May 2018. By Aimee Talbot, Senior Associate

The Court of Appeal has upheld a judge's decision to deal summarily with a dispute as to the claimant's date of knowledge under s14a Limitation Act 1980. The judgment also contains a handy summary of the key law in the area.

Read more
Blog

Court refuses s61 relief in claim by buyer against seller's solicitors

Published on 26 April 2016. By Aimee Talbot, Senior Associate

In a decision handed down earlier this month, the High Court in Purrunsing -v- (1) A'Court & Co. (a firm); (2) House Owners Conveyancers Limited [2016] EWHC 789 refused relief under section 61 Trustee Act 1925 to a firm of solicitors and a firm of licensed conveyancers who acted in the sale of a property by a fraudster.

Read more
Blog

Here today, gone tomorrow – Calderbank offers and costs protection

Published on 13 April 2016. By Aimee Talbot, Senior Associate

A recent case highlights a mistake to avoid when trying to obtain costs protection from Calderbank offers.

Read more
Blog

Section 14A: Equity aids the vigilant!

Published on 19 May 2015. By Aimee Talbot, Senior Associate

The recent Court of Appeal case of Chinnock –v- Veale Wasbrough [2015] EWCA Civ 441 is a stark reminder to potential claimants to seek a second opinion if they are dissatisfied with their legal advice, or risk the consequences.

Read more
Blog

Oxford solicitor receives biggest SDT fine yet

Published on 14 April 2015. By Aimee Talbot, Senior Associate

Former solicitor Nigel Harvie has been ordered to pay £305,000 by the Solicitors Disciplinary Tribunal ("SDT") – the biggest fine (by a long way) ever imposed by the tribunal.

Read more