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Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Offences for which a DPA may be entered into—checklist

Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...

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¸é±ð²Ô³Ü²Ô³¦¾±²¹³Ù¾±´Ç²Ôâ€Äì±ô´Ç·É³¦³ó²¹°ù³Ù This flowchart deals with the position where an executor wishes to renounce probate and how this will impact the issue of a grant of representation in the estate. The flowchart also deals with the situation where a proving sole or sole-surviving

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Applying to naturalise as a British citizen: eligibility

Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is...

Pension overpayments—beginners’ guide

Pension overpayments—beginners’ guide FORTHCOMING DEVELOPMENT: In the King's Speech of 17 July 2024 on the State Opening of Parliament, 40 legislative proposals were presented, including a new Pension Schemes Bill (not yet published). Among other things, this Bill is set to remove the need for pension scheme trustees to apply to the courts to enforce a determination of the Pensions Ombudsman in relation to the recovery of pension overpayments by granting the Ombudsman powers to those of a competent court which aims to alleviate pressures and cost for courts, schemes, and members and ensuring recovery costs are kept to a minimum. For further information, see Practice Note: Overpayment of pension benefits—Methods of recovering overpayments. This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law. THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES Why do pension overpayments occur? Pension overpayments from occupational pension schemes generally arise either as a result of: • incorrect calculations...

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No representation/inducement clause

No representation

Conflicts guidelines—property transactions

Conflicts guidelines—property transactions Our Conflicts, confidentiality and disclosure policy sets out our general position on when we can act in conflict situations. We also issue guidelines for certain [departments OR types of work]. These guidelines illustrate how our policy could apply in different situations, but they are not intended to be exhaustive or rigid. In each situation covered by these guidelines we must consider whether a conflict arises and, if so, whether we can act. 1 Substantially common interest 1.1 We will not act for clients under the substantially common interest exception where: 1.1.1 we may need to negotiate on matters of substance between the clients, eg negotiating on price between a buyer and seller of a property 1.1.2 there is unequal bargaining power between the clients, eg where a builder is selling to a non-commercial client 1.1.3 one or both clients will be prejudiced by lack of separate representation 1.1.4 we cannot represent the client even-handedly, or 1.1.5 the clients’ interests in the end...

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What is the common law position where a supplier of a service erroneously undercharges a customer for that service (eg due to miscalculation of the amount of service used at the fault of the supplier)? Is the supplier entitled to back-bill a customer for historic supplies which it has undercharged for, and is the customer obliged to make further payments? Is there any time limit?

What is the common law position where a supplier of a service erroneously undercharges a customer for that service (eg due to miscalculation of the amount of service used at the fault of the supplier)? Is the supplier entitled to back-bill a customer for historic supplies which it has undercharged for, and is the customer obliged to make further payments? Is there any time limit? In answering this question, we have assumed that you are referring to a services agreement between two businesses in an unregulated supply sector. The ability to recover sums under a commercial contract will depend on the terms of the contract relating to calculation of payments, invoicing and dispute resolution. For general information, see Practice Note: Price, payment terms and interest. If the contract introduces a process for agreeing invoices for services and agreeing these invoices as ‘final’ for parts of the work there is likely to be no right to go back to recover errors, regardless of the error. The nature of...

Where the sole executor and residuary beneficiary (A) of the testator T’s estate survives T but dies before taking a grant of probate, leaving a Will appointing B as executor of their own estate, what steps are required in order for B to administer T’s estate?

Where the sole executor and residuary beneficiary (A) of the testator T’s estate survives T but dies before taking a grant of probate, leaving a Will appointing B as executor of their own estate, what steps are required in order for B to administer T’s estate? On the basis that the sole appointed executor (A) died before taking out the grant in T’s estate and there is no surviving executor (nor a substitute executor), the chain of representation has been broken and the grant will need to be one of administration with Will annexed. See Practice Note: The chain of representation. The Non-Contentious Probate Rules 1987, SI 1987/2024, r 20 sets out the ‘Order of priority for grant where deceased left a Will’. The first person in that order is the executor (ie A) but in the absence of an executor (ie because A has died) it is necessary to scan the subsequent list to determine a surviving person who is able to apply for a grant. As noted in...

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FCA charges fifth individual on suspected water investment scam

The Financial Conduct Authority (FCA) has charged John Dobbs with three counts of conspiracy to commit fraud by false representation. It alleges that Dobbs, along with Bruce Rowan, David Simmons, Robert Sweeney, and Justin Russell, was involved in an unauthorised investment scheme that defrauded investors of £3.9m. The FCA alleges that between 1 May 2015 and 23 July 2019, Dobbs conspired to defraud UK investors through two companies, Hanover Merchant Capital UK Ltd and Liberty House Capital Ltd, to make false representations about investment of money, profit generation, and the security of capital. Dobbs is scheduled to appear before Southwark Crown Court on 25 March 2025.

Private Client weekly highlights—13 March 2025

This week’s edition of Private Client highlights includes: (1) Ashimola v Samuel, an unusual probate case involving allegations of fraud, forgery, and impersonation; (2) the Office of the Public Guardian issues guidance on Court of Protection deputies’ approach to family care payments; (3) R (on the application of VRP, a protected party, by her litigation friend SR) v The Royal Borough of Kingston Upon Thames, which considered a local authority’s duty to provide same-sex carers; (4) HMRC has published a new version of the IHT grossing up calculator; and (5) Louwman v Revenue and Customs Commissioners, which held that offshore income gains and accrued income profits of a taxpayer were not ‘protected foreign source income’ under the transfer of assets abroad regime.