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England and Wales Case Law

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Civil procedure

Stephen Herbert Hunt v Oceania Capital Reserves Limited & Ors

Relief from sanctions was refused because the costs budget filed by IPS Law LLP and Mr Farnell was incoherent, contained figures apparently copied from the claimant's budget, and was verified by a statement of truth despite being fundamentally flawed. The breach was serious and substantial, and the response to the breach was wholly unsatisfactory, undermining the integrity of the budgeting process and the administration of justice.

  • Relief from sanctions
  • Costs budgeting
  • Statement of truth
  • Breach of trust
  • Dishonest assistance
  • Financial services and markets act 2000
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Professional conduct

MS (Professional Conduct; AI Generated Documents) Bangladesh

The Upper Tribunal referred counsel to the Bar Standards Board after finding he used ChatGPT-produced false citations without verification and tried to mislead the tribunal.

  • Ai-generated legal documents
  • False citations
  • Regulatory referral
  • Duty to court
  • Misleading tribunal
  • Ai-generated-legal-documents
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Civil procedure [2025] EWHC 1725 (KB)

Mex Group Worldwide Ltd v Duthie & Anor (No. 2: Costs)

Mex Group Worldwide Ltd v Duthie & Anor (No. 2: Costs) [2025] EWHC 1725 (KB) (09 July 2025)

The High Court ordered Mex Group to pay 75% of the defendants’ costs, with a 25% discount for partial success and £91,350 on account.

  • Costs
  • Summary judgment
  • Strike out
  • Confidential information
  • Breach of confidence
  • Civil-procedure-costs
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Criminal law

Graeme Brooker v R

Despite defence counsel's incompetence and refusal to cross-examine the principal witness, the appellant was not prejudiced; the trial judge's directions were fair, the appellant's case was properly placed before the jury, and the conviction is safe.

  • Theft
  • Competence of counsel
  • Cross-examination
  • Vulnerable witnesses
  • Adverse inference
  • Trial fairness
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Civil procedure

Commission Recovery Ltd v Marks & Clerk LLP & Anor

There is a common issue across the class regarding liability for secret commissions and breach of fiduciary duty, and no relevant conflict of interest; the claim is sufficiently pleaded for representative proceedings; the Court should not exercise its discretion to bar CRL from acting as representative as the litigation is not futile and common issues can be resolved on a representative basis.

  • Representative actions
  • Secret commissions
  • Bribery
  • Fiduciary duties
  • Disclosure and consent
  • Class definition
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Civil procedure

Saeed Akbar v Mohammed Sajead Ghaffar & Anor.

The Court found that there was no deliberate or material breach of the duty of full and frank disclosure by the claimant or his solicitors. Any omission regarding the First Defendant's involvement in the letter to RPC was at most innocent and not material enough to warrant discharge of the freezing order and proprietary injunction. The evidence did not support allegations of fraud, dishonesty, or abuse of position by the claimant's solicitors.

  • Freezing orders
  • Full and frank disclosure
  • Conflict of interest
  • Solicitor's duties
  • Material non-disclosure
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Trusts and estates [2024] EWCA Civ 303

Brealey v Shepherd & Co Solicitors

Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 (26 March 2024)

The Court of Appeal dismissed a second appeal about a solicitor-executor’s fees, holding that written agreement of all executors was required and refusing inherent relief.

  • Executor remuneration
  • Solicitors' fees
  • Trustee act 2000 s.29
  • Inherent jurisdiction
  • Charging clauses in wills
  • Executor-remuneration
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Civil procedure [2023] EWHC 616 (SCCO)

Hulme v Handley Law Ltd

Hulme v Handley Law Ltd [2023] EWHC 616 (SCCO) (09 March 2023)

The court held that the solicitor was entitled to terminate the retainer over credibility concerns and was entitled to payment for work done before termination.

  • Termination of retainer
  • Conditional fee agreements
  • Solicitor-client relationship
  • Allegations of dishonesty
  • Professional obligations of solicitors
  • Termination-of-retainer
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.