Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
Managing risk and implied undertakings
Recent decision examines obligations under Harman undertakings. Solicitors should ensure that clients understand their obligations or risk contempt of court.
Solicitors acting as trustees: When beneficiaries seek access to trust documents
Practical tips for solicitors on avoiding conflict with beneficiaries whilst acting as a trustee.
High conflict personalities and legal disputes
Parties are often locked in lengthy litigation due to the high conflict personalities involved and this exacts a huge toll on parties and professionals involved.
The cost of litigation: Avoiding personal costs orders
A solicitor may be liable for costs orders if they conduct litigation unreasonably, incompetently or without reasonable prospects of success.
Russia/Ukraine sanctions: are you or your clients at risk of breaching the sanctions?
Lawyers should ensure they are aware of and be able to advise their clients in relation to whether they may be in breach of sanction…
To text or not to text: lawyering via chat apps, social media and messaging
As practitioners incorporate the use of social media into their practices, they need to consider the limitations and risks of social media.
A foot in each boat: dangers in acting for more than one party
What dangers arise if a solicitor decides to help by acting for multiple parties? Some guidelines for deciding whether it’s worth the risk…
Dangers for solicitors acting on intra-family transactions
As awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
The dangers of communicating directly with the court
Practical guidance for legal practitioners on how to communicate with judges’ chambers.
When an inactive file becomes a problem
Inactive files can be ticking time-bombs, and ignoring them can be perilous.