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02 September 2022 / Dan Stacey
Issue: 7992 / Categories: Features , Procedure & practice
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Belsner v Cam Legal: looking back to look ahead

92274
As the headline case rumbles on, Dan Stacey explores the courts’ previous stances on the issue of fiduciary duties & solicitors’ remuneration
  • Previous rulings, both before and after the Attorneys’ and Solicitors’ Act 1870, established the position of the courts on fiduciary duties and solicitors’ remuneration.
  • There is no indication that such duties relating to remuneration do not survive into the present.

The ongoing YouTube soap opera of Belsner v Cam Legal in the Court of Appeal is now to have further screenings on 4, 5 and 6 October 2022. It is a convenient opportunity to consider fiduciary duties and solicitors’ remuneration, one of the issues at stake in the appeal. It is suggested here that a solicitor owes a fiduciary duty to deal fairly with the client in respect of remuneration before and during the currency of the retainer.

Fair dealing

First, that a fiduciary duty is owed by a solicitor to a client is not in doubt: eg Clark Boyce v Mouat [1994] 1 AC 428 at p437E. That is due to the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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