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Another action packed edition of Litigation Funding is out. Thanks Rachel Rothwell for asking me and Marc Jones to share our thoughts on the LFA (Enforceability) Bill, although shortly before it went to press the snap election put the Bill on hold. Hopefully with strong cross party support for the Bill in the Lords this will be picked up in the autumn by the new government as a quick win for access to justice. #litigationfunding #accesstojustice #PACCAR #LFABill.

Wills often get the attention but powers of attorney are also important. Perhaps they are more important because you use them in your lifetime, albeit when you are incapacitated. Lasting Powers of Attorney are key for UK assets but some further thought needs to be given where there are assets elsewhere. Don’t assume you can use an English Lasting Power of Attorney elsewhere. #estateplanning #internationalprivateweath #privatewealthlawyers

Excellent piece by Simon Goldberg on the Post Office scandal. It really highlights the urgent need for reforms in the legal profession. Highly recommend giving it a read! #LegalEthics #PostOfficeScandal

We are well into Phases 5 and 6 of the Post Office Horizon IT Inquiry, and the evidence being given by Post Office lawyers makes for some very uncomfortable viewing for members of the legal profession and our regulators. In this article, I focus specifically on Solicitors and the Solicitors Regulation Authority and what they are doing (or not doing). There's much more to come over the next several weeks as more lawyers will be appearing to give evidence, and attempting to justify and explain their actions in relation to the #postofficescandal. David Phillips Shahnaz Alim Nick Gould Henry Bonsu Judith Raphaely Nicola Ibison Warren Simmons Stuart G. Natasha Bondy Marc Cox Dan Neidle Richard Moorhead.

As the saying goes, a " Must read " paper from Simon Goldberg . Who for? #Solicitors and #partners and #legal consultants and #trainees. #Partners at all firms involved in #PostOffceScandal ( you know who you are). In house #lawyers ( particularly those still working for #PostOffice). #solicitorsregulatoryauthority. #LawSociety. Lawyers who lecture law students 🤔. Non UK lawyers who need to know some home truths about the UK criminal justice system. And for anyone interested in the role of the UK legal industry in the biggest miscarriage of justice/ biggest case of corporate corruption in UK legal history. Angélique Parisot-Potter Juan Carlos Venegas FAIA FCPA ICFS FIICFIP Jeff Cunningham Peter R. Dan Neidle Colin Davey Lee Castleton

My quote this month, #NationalHeartMonth, reminds both lawyers and clients that when evaluating options in resolving a legal conflict, the criteria to evaluate them should include the well-being of the client and their family. Often, early dispute resolution and alternative dispute resolution are not only good for the budget, but also good for the heart. #mediation #earlydisputeresolution

Are you attempting to resolve a dispute, but your attempts to do so are being ignored? Luke Edwards, Solicitor in our dispute resolution team discusses how a well drafted letter before action can help in resolving a business dispute. https://ow.ly/5gtz50SzvTX #disputeresolution #legaladvice #businessdisputes #Peterborough

Are your in-house counsel communications truly protected by attorney-client privilege? Our team at Barnes & Barnes delves into this crucial topic in one of our recent blogs. By examining a past court case, we shed light on the essential elements that ensure your corporate conversations remain confidential. For an in-depth analysis, follow this link: https://lnkd.in/g6pDs3sk #AttorneyClientPrivilege #LegalInsights #LawAdvice

📰George Vare 𝐰𝐫𝐢𝐭𝐞𝐬 𝐟𝐨𝐫 LexisNexis In an article for LexisNexis, George Vare analyses the recent decision in 𝐿𝑒𝑜𝑛𝑎𝑟𝑑 𝑣 𝐿𝑒𝑜𝑛𝑎𝑟𝑑 [2024] EWHC 321 (ChD) in which George appeared as junior counsel for the successful claimants. George was led by Constance McDonnell KC and assisted by Anneliese M..   After a 12-day High Court trial, Mrs Justice Joanna Smith DBE upheld the claimants’ claims that their father, Dr Leonard, neither had capacity to execute his purported final Will in October 2015, nor knew and approved of its contents. The judge’s analysis and clarification of the test in Banks v Goodfellow will be of interest to litigators in this area, and is the focus of the analysis in this article. The judgment also reaffirms the role of expert evidence in capacity cases, and acts as a reminder to Private Client lawyers of the important part they play in drafting Wills for elderly or vulnerable people, and a warning for those who get that wrong.   To read the article in full, please click here (paywalled): https://lnkd.in/e-cQRrg5 🌐https://lnkd.in/ezN7DqxP   #article #law #news #case #capacity #will #probate

Pulver on Condos was recently successful in defending a motion for summary judgment on behalf of their clients. The decision highlights the risks of seeking summary judgment within a Rule 76 simplified procedure action, where there is no opportunity for affidavit evidence to be challenged by way of cross-examinations. A helpful reminder that summary judgment will not be granted where genuine issues requiring a trial result in the Court doubting that granting judgment would result in a "fair and just adjudication" of the dispute. This is especially likely where the dispute is not document-driven but instead turns on the affidavit evidence, and thus credibility, of the parties' witnesses. Please feel free to review the decision at the link below and reach out to us if you have any questions or if we can be of assistance. Shawn Pulver Jackie Bartlett https://canlii.ca/t/k48v3