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Dispute Resolution Law Blog

26 June 2020

Testamentary Capacity and Undue Influence – When does a Professional Negligence Claim arise?

Solicitors in any field of practice are under a duty to exercise reasonable care and skill when acting for clients. In wills and probate practice, that duty also extends to the beneficiaries of a testator. If the solicitor has acted in breach of that duty, which causes loss to the client or their beneficiaries, this could form the basis for a professional negligence claim against the solicitor.

Kate Salter

18 June 2020

Discounted CFAs – how do they work and are they too good to be true?

When both client and solicitor have equal skin in the game it can create a harmony that other funding methods cannot reproduce.

17 June 2020

Could litigation funding be available for my claim?

We understand that litigation can be expensive and clients are sometimes anxious by how much it may cost to resolve their dispute.  This is why we offer our clients a number of different funding options to suit their needs.

16 June 2020

Are DBAs viable for funding commercial litigation?

A Damages-based Agreement (DBA), as stated in the Explanatory Memorandum to the Damages- Based Agreements Regulations 2013, is a “private funding agreement between a representative and a client whereby the representative’s agreed fee (‘the payment’) is contingent upon the success of the case, and is determined as a percentage of the compensation received by the client.”

15 June 2020

Back to the drawing board: Do I have to re-plead/re-prove my case?

In a recent case, Ward & Ors v Savill  [2020] EWHC 1534 (Ch), the judge had to grapple with the question - can a claimant rely on an earlier judgment granted in one case involving different parties to enable it to bring a new claim against a different defendant without having to re-plead and prove the facts and matters it relied on in the first case?

Fiona Simpson

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