Anna Flanagan

📢🗞️Member news: Expansion for Excello Law in Liverpool Leading fee-share law firm Excello Law has strengthened its Liverpool team with four experienced lawyers joining the firm. https://lnkd.in/egb9jMzJ

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This week’s Top Tip focuses on newly enacted Texas Disciplinary Rule of Professional Conduct 1.18, regarding a lawyer’s duty to prospective clients, with guidance on who is and who is not considered a prospective client. Read our TLIE Top Tip this week to learn more. https://lnkd.in/eUeD7KHi #TexasAttorneys #TexasLawyers

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Defendant’s Application Dismissed: Costs Awarded to the Claimant #ANX's legal service, Bond Turner, secured another important result, successfully opposing a Defendant’s application to rely on a forensic engineer’s report. The Defendant sought to use the report to argue that no collision occurred between the Defendant’s and the Claimant’s vehicles, despite a Police report already confirming the collision. In preparing the report, the Defendant’s representative sent the Claimant’s vehicle assessment to their forensic engineer but omitted key images showing the damaged areas of the Claimant’s vehicle. As a result, the forensic engineer stated that no visible damage existed. In response to the application, Bond Turner highlighted that the forensic engineer had not been provided with all the images from the vehicle assessment report. At the hearing, the judge dismissed the Defendant’s application and ordered the Defendant to pay the Claimant’s costs for dealing with it. This outcome underscores the importance of a thorough and transparent approach to evidence in litigation.

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Costs lawyer shares best practice recommendations to help SME law firms scope cases effectively to boost their profits – find out more with Osprey Approach Legal Software UK Take a look at LSN for more details: https://ow.ly/3hYB50SvGOo #legalinsight #legaltechnology #legalprofession #management

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The deadline for responses in respect of the consultation on the application of zero-hours contracts measures to agency workers is 23:59 2nd December. The proposed changes to zero-hours contracts could severely impact the flexibility and sustainability of the temporary labour market if left unamended. Without collective action, proposed legislative risks include increased costs, operational complexities, and disruptions to the entire supply chain. The volume of responses is what matters to Government. We are therefore urging all agencies and clients to respond in order to have your voice heard and to shape the forthcoming legislation. The short consultation can be found here: https://lnkd.in/erD5eHYD. Within that there is a link to respond, or you can submit your responses to [email protected] Why does responding matter? ▪️ Guaranteed hours after 12 weeks: This provision creates financial risk, particularly in the event demand decreases and those guaranteed hours are no longer necessary. ▪️ Permanent contracts after 12 weeks: The suggestion that clients should offer a permanent contract to agency workers unless inherently temporary causes legal uncertainty, erodes the flexibility of the contingent workforce, and increases costs and financial risk for agencies and clients. ▪️ Reasonable notice of shifts and curtailment/cancellation fees: This poses a significant costs burden for clients and agencies alike. ▪️ Administrative and legal complexity: Managing these new rules would increase operational burdens and when things break down, the risk of litigation. There's one week to go - we encourage you to act now!

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Lawyers – it’s good to have a ‘wish list’ when looking for a new role. These non-negotiables help with your search. BUT, beware of the pitfalls that also come with this…. The longer your list of non-negotiables, the fewer number of firms that will meet your expectations. Whilst it’s important to know what you need from a new opportunity, it’s also realistic to understand where you could compromise. Example 1 Flexible working – a firm might like you to be in the office 4 days a week whilst you’re on probation to give you the best introduction to life at the firm, become familiar with the client base, and give you all the training and support you need from an early outset. Once probation has been passed they’d then be happy with you working 2-3 days in the office. Could this compromise on flexible working be enough to reject an opportunity? Or is it just a preference that you’d want to work 2 days per week in the office from the outset? Some firms may satisfy your requirements in stages once you’ve settled into the firm. Example 2 Salary expectations – you may be looking for a £20k pay increase on your current salary, The new firm are prepared to offer you a £10k increase now, and a further £10k upon completion of your probation. Ok, this isn’t quite the immediate jump you were expecting, but what if you remain in your current firm for the next 6-12 months where there’s no pay increase? If your list of non-negotiables narrows your search so much, then be prepared to wait a long time for your ‘ideal firm’ to be recruiting. And then hope that you’re the only person applying! The point of all this…… A wish list is good to have, but not if it detriments your search for a new role entirely. 

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How do the courts deal with situations where one party to a #dispute commences #legal proceedings in breach of a contractual clause requiring it to first use alternative dispute resolution? Kate Holland tells us more in this interesting article: https://lnkd.in/dVM9QSNS #DisputeResolution #ADR #BDT

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Client results in under 60 seconds. 650% BOOST to Law Firm's Vet Practice Area Watch the YouTube short: https://lnkd.in/eM9Nvhj3

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Download Dye & Durham UK latest e-book for an easy-to-use guide on managing the business side of your law firm. Inside you’ll find: 🎯key industry insight about how other law firms operate 🎯breakdown of the benefits of practice management systems 🎯potential pitfalls if you don't have one Get your free copy: https://bit.ly/3ZJfZYG

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In this ‘quick read’ piece, Nicola Jackson, Partner, highlights the significance of the ADGM Courts’ latest judgment in the NMC case, which holds that fraudulent and wrongful trading claims can be brought retroactively, and draws important parallels between ADGM and English law. To learn more, please follow the link: https://lnkd.in/dsNt7r_g

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The CIPC - Companies and Intellectual Property Commission (a member of the dtic Group) has placed numerous companies and close corporations in the process of deregistration for failing to file their annual returns on time. In this article, Henry (Ge') Korsten, the Head of Property, Conveyancing and Litigation at Cowan-Harper-Madikizela, examines the effect of the deregistration of a legal entity by the CIPC on Bona Fide Third Parties. Follow this link to read the full article:- https://lnkd.in/dY876gMj #CHMAttorneys #CIPC #deregistration #creditors #thirdparties #property #Conveyancing #litigation #commerical #companylaw

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In the latest Restructuring Globalview blog, #TeamSPB explore the case of JDK Construction Limited, where the Court of Appeal had to consider whether an earlier decision by a High Court judge that liquidators had been validly appointed was correct. Read the full blog here ➡️ https://ow.ly/80o750SZ7PR #JDKConstruction | #CompaniesHouse

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In the May edition of the Radius Law Commercial Bulletin, in association with LexisNexis, Iain Larkins, Founder of Radius Law, and Sandra Martins, a Senior Lawyer at Radius Law, discuss: - limitation of liability for failing to pay; - the Supreme Court's ruling against Amazon for trade mark use; - 'click to accept' online terms; - the CMA closing its fashion retailer greenwashing investigation; - directors' climate duties; - regulating artificial intelligence; - new guidance on changes to holiday pay; and much more! Watch the full bulletin below. #law #legal #SupremeCourt #CMA #lexisnexis #radiuslaw

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A recent Supreme Court judgement has brought to light the issue of some law firms taking shortfall deductions from client damages. But what is shortfall and why doesn’t CFG take it? When someone makes a claim, their legal fees are mostly covered by the defendant but sometimes, only a proportion of these costs are recovered. The difference between what your solicitor charges and what the defendant pays is called the ‘shortfall’. In cases where solicitors work on a ‘No Win, No Fee’ basis, not all of the claimant’s legal fees may be covered by the other side. Some law firms take this shortfall from their client’s damages, which means the injured person has less compensation left for their recovery and support. It’s why understanding shortfall is so important – it can impact the actual amount left to cover the injured person’s needs.

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🚨 Key Court of Appeal Judgment: Test Valley BC v Fiske [2024] EWCA Civ 1541 🚨 On 10 December 2024, the Court of Appeal handed down an important decision providing much-needed clarity on the relationship between the operative part of planning permissions and the conditions attached to them. Key takeaways: 1️⃣ Planning permission consists of both the grant of consent ("operative part") and its conditions. 2️⃣ Conditions cannot contradict or negate the consent granted in the operative part. 3️⃣ For example, granting permission for 10 houses cannot include a condition prohibiting more than 9 or 1 house – such a condition would be unlawful. 4️⃣ Under s.73 TCPA 1990, altering the operative wording of the original permission is impermissible, as established in Finney. 5️⃣ However, substantial or fundamental changes via conditions remain possible as long as they align with the original operative part. 🔎 Why it matters: This judgment resolves divergent lower-court decisions, ensuring consistency and setting clear boundaries for planning authorities and applicants. Local planning authorities and developers must now give even greater thought to how development is described in applications and decision notices, as conditions cannot conflict with the permission granted. Robin Green and Robert Williams represented Test Valley Borough Council in this significant case. Read their case update here: https://lnkd.in/dHnqeqJA #PlanningLaw #CourtOfAppeal #Development #TCPA #LandUse

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Undertakings are an established feature of the legal landscape. The courts have recognised them as vital in conveyancing transactions and of much wider application. Richard Senior has undertaken a review of the law relating to lawyers’ undertakings. #professionalindemnity #undertakings #conveyancing

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