A lawyers' duties to non-clients: David McClean & Ors v Andrew Thornhill KC
In the recent decision of David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, upholding the decision of Zacaroli J at first instance, the Court of Appeal found that no duty of care was owed to investors by a barrister, specifically a tax silk, advising the scheme promoter. The background in McClean […]
Solicitors Regulation Authority v Matthews
The Solicitors Disciplinary Tribunals' decision, dated 9 March 2020, in the case of Matthews has been the subject of intense scrutiny from legal profession with many solicitors commenting that the decision was unfair. The decision is being appealed. On 17 June 2020 my colleague, Gillian Nevin and I blogged about the decision and why so […]
Solicitors’ misconduct and the right to exercise a lien
The High Court has considered when it is appropriate for a firm of solicitors to maintain a lien over its former clients’ papers in circumstances where the clients terminated the retainer. In the case of Higgins and others v TLT LLP, heard on 27 November 2017 before Mr Justice Barling at Manchester High Court, the […]
Do the risk of disciplinary proceedings incentivise professionals to do a better job?
The Legal Services Consumer Panel has been considering proposals to change the burden of proof in disciplinary hearings against barristers. It has been suggested that the current test, which is “beyond all reasonable doubt”, is too high. The panel’s preference is for the test to be the same as that which applies in the civil […]