Latest by Will Sefton

Blog

Part 36: avoid a storm, use the form!

Published on 23 September 2020. By Harriet Keltie, Senior Associate and Will Sefton, Partner

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Pepperall J's impressively clear judgment in Essex County Council v UBB Waste (2020) makes it abundantly clear that, when it comes to Part 36 Offers, the rules are strict. If litigants wish to reap the significant rewards of this regime, the price they must pay is to ensure they (or their solicitors) follow the rules on how offers should be made.

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Where there's a will there's a remote possibility of a way

Published on 03 August 2020. By Simon Love, Senior Associate and Will Sefton, Partner

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In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.

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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.

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Beware a broad brush approach to costs assessment

Published on 10 March 2020. By Stacey Davies, Associate and Will Sefton, Partner

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Court of Appeal dismisses former client's objection to solicitors' invoices on assessment.

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Legal advice privilege not lost by repeating the client's instructions

Published on 17 February 2020. By Will Sefton, Partner and Tom Toulson, Associate

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In Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11, the Court of Appeal has confirmed that legal advice privilege over a client's instructions to their lawyers is not lost, merely because the client authorises their lawyers to repeat the substance of those instructions to another party.

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Part 36 – Stick, Twist…. or Stay?

Published on 13 January 2020. By James Ainsworth, Associate and Will Sefton, Partner

The case of Allen Campbell v Ministry of Defence [2019] EWHC 2121 (QB) provides useful guidance on the appropriate way to respond to a Part 36 offer when you are unsure of the value of the claim (and therefore the merits of the offer), in order to avoid the costs consequences of late acceptance.

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Law Society introduces new Code for Completion by Post

Published on 04 March 2019. By Tom Toulson, Associate and Will Sefton, Partner

Conveyancing practitioners need of course to familiarise themselves with the new Code, in advance of its implementation date of 1 May 2019. Following Dreamvar, the new Code underlines the fact that the burden of detecting fraudulent sellers falls squarely on the sellers' solicitors.

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Supreme Court Refuses to allow a Claim against Lawyers for Loss of a Dishonest Claim

Published on 13 February 2019. By Nick Bird, Partner and Will Sefton, Partner

On 13 February 2019 the Supreme Court handed down judgment in its first decision on loss of chance principles for 14 years (in Perry v Raleys Solicitors [2019] UKSC 5).

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Professional negligence adjudication – it's all part of the Protocol

Published on 04 May 2018. By Cristina Faro, Associate and Will Sefton, Partner

On 1 May 2018, an amendment to the Professional Negligence Pre-Action Protocol saw a further attempt to encourage parties to use the professional negligence adjudication scheme first devised as a pilot scheme in February 2015.

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