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On 7 May 2019, the Solicitors Disciplinary Tribunal applied to the Legal Services Board for approval to alter its rules, to allow it to decide cases on the civil standard of proof. If it is successful, solicitors facing future misconduct charges will have their cases assessed according to the arguably less stringent balance of probabilities, rather than beyond reasonable doubt (the standard of proof adopted by the criminal courts) which is currently applied.
Case review 2019-06-12
Following on from our August 2018 article 'Phoenix Healthcare – here we go again', judgment was handed down yesterday by the Court of Appeal.
Case review 2019-06-05
Following the recent judgment of the Supreme Court in Perry v Raleys [13.02.19], the question of standard of proof in loss of opportunity cases has troubled the court once again. The High Court has recently revisited the principles set down in Allied Maples Group Limited v Simmons and Simmons , and whether causation must be proven by a claimant on the balance of probabilities, or on a loss of a chance evaluation.
Case review 2019-05-15
On 26 March 2019, judgment was handed down in the above case. The outcome, in which Kennedys was instructed on behalf of the successful defendants, provides further clarity on how LPA receivers can fulfil their duties to act in good faith and to avoid conflicts of interest.