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25 October 2013
Issue: 7581 / Categories: Case law , Law digest , In Court
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Costs—Solicitor

Harcus Sinclair (a firm) v Buttonwood Legal Capital Ltd and others [2013] EWHC 2974 (Ch), [2013] All ER (D) 134 (Oct)

Where a non-party was the solicitor to the unsuccessful litigant, the case-law mandated a close look at the questions of funding, control and benefit, and how overall, in the light of those factors, the discretion should be applied. The existence of funding by a solicitor could not therefore in itself be a sufficient basis for concluding that the solicitor is either the, or a, real party to the litigation or vulnerable to a non-party order for costs. What the court had to see was therefore some element which indicated that, as it was sometimes put in the case-law, the solicitor had, at least to some extent, acted outside his role as a solicitor for his client, or, for a purpose outside that role. It had to equally be the case that the potential benefit, if victory enabled the client to pay the solicitor, was not a factor which could properly open the door to an order against the solicitor. 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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