This Q&A does not deal with the position of an individual who is a member of a partnership. Unlike some foreign jurisdictions, English insolvency law does not distinguish between these two types of debt. It does not matter whether an individual has incurred a debt in their business/professional capacity or not. Exactly the same procedure applies to both business and non-business debts. Therefore, if X incurs a debt buying goods for their trade as a greengrocer and incurs a debt to builder

The power of advancement is a power of trustees to pay or apply any capital money subject to a trust, or transferor apply any other property forming party of the capital of the trust property, for the advancement or benefit of any person entitled to the capital (or any part of it) on the attaining of a specified age or on the occurrence of any other event, subject to various conditions. The power is a statutory power contained within section 32 of the Trustee Act 1925 (TA 1925). The Society of Trusts and Estates Practitioners produces Standard Provisions, being a set of ready-made clauses to be inserted into a will, which, their

The power to appoint See Practice Note: Executor's and administrator's authority prior to the grant, which outlines how an executor is the person appointed, ordinarily by the testator by their Will or codicil, to: • administer their property • carry into effect the provisions of the Will The above Practice Note goes on to state that, though the grant of probate confirms the executor’s authority to act, an executor may still carry out functions prior to the grant. Following the decision in Kelsey v Kelsey,

We have understood from this question that you require information relating to a solicitor acting both on his own behalf and through his own firm. This distinction is important, as different principles apply when considering the question of whether litigation costs can be recovered (see CPR 46.5(6)(b) and Zakirov v Newmans Solicitors. For an analysis of this decision, see News Analysis: Spotlight on costs between a party and its solicitors (Zakirov v Newmans Solicitors). A solicitor is 'acting on his own behalf' when he is on the court record as acting for himself. In these circumstances, he will be regarded as a litigant in person, and the principles relating to costs recovery by litigants in person will apply. In particular: • it is typically the case that

We have not been able to find any authority which considers the issue of whether interest is payable on the late payment of a court ordered interim payment. This is, perhaps, understandable given the rarity of a defendant insurer not complying with an order by the court for the payment of a particular sum. Therefore, it is necessary to go back to first principles to seek to establish the answer to this Q&A. An application could be made for an Unless Order compelling payment of the outstanding interim payment (for example, Tonstate Group Limited v Edward Wojawski). As part of its general case management powers, the court can order that a party’s claim will be struck out ‘unless’ they comply with a court order by a given date (see CPR 3.5(1) and CPR 3.4). The court has the power to order that judgment

You have asked: Can a solicitor be liable to those with whom they have no contractual relationship if they performed their work negligently? For example, if the firm of the solicitors dealt with the estate administration and over-distributed, can they be liable for the losses to the beneficiaries? We have assumed that the firm of solicitors in question were acting in the capacity of a professional executor. For many years, the general position was that solicitors only owed a duty of care to their client. This position began to change in 1980 with the case of Ross v Caunters. However, the law in this regard was clarified in 1994 following the landmark ruling of White v Jones [1995] 2 WLR 187. This case involved a firm of solicitors who were considered

As explained: You may not bring a claim for your costs before the expiry of one (calendar) month from the date on which the statute-compliant bill was delivered (Solicitors Act 1974 (SA 1974), s 69(1)) and You can also not bring a claim for your costs if the client has made an application to the court for a detailed assessment

Options available for a solicitor to recover fees A solicitor can bring proceedings for recovery of fees, subject to section 69 of the Solicitors Act 1974 (SA 1974). The extent to which solicitors fees are recoverable will, however, depend on whether they have been statutorily assessed or not. A client may be entitled to seek a statutory assessment of fees under SA 1974, s 70. However even where this is not possible it can still seek a non-statutory assessment. Exceptions to this rule are set out in SA 1974, s 69(1); you will note that there is no exception within this statute which prevents a claim being brought against a bankrupt client specifically. Charging order In certain circumstances it may be possible for a solicitor to obtain a charge

A certified copy is an accurate, complete and current copy (usually a photocopy) of an original document. It does not certify that the original document is genuine, authentic or fit for the purpose for which it was issued, only that a copy is a true copy of the original as shown to the certifying person (eg a solicitor or notary). Where the document copied is an official birth, death, marriage or civil partnership certificate (‘official certificates’), a copy certified by a solicitor or notary cannot be used as evidence of the event to which the document relates. Births, deaths, marriages and civil partnerships are registered in accordance with civil registration legislation. Official certificates are themselves copies of

A solicitor may charge the client a fixed fee for setting up the Conditional Fee Agreement (CFA). They may also agree that the solicitor will submit an invoice for that fixed fee at the conclusion of the client’s matter, which is in fact when a solicitor

This Q&A assumes that it is a Form E from FR proceedings rather than voluntary. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.12(1) provides that: ‘Except as provided by this rule or by any other rule or Practice Direction, no document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document shall be taken by, or issued to, any person without such permission’. FPR 2010, PD 9B makes provision for the communication of information from financial remedy proceedings. It provides that subject to any direction of the court, information from financial remedy proceedings may be communicated for the

The normal principles of agency apply to solicitors so that, where authorised to do so, a solicitor agent will have the power to bind their client to a contract. If they are not authorised or the relevant act is outside the scope of the relevant authority, the contract will not be binding upon the client. See Practice Notes: Nature and types of agency and Agent and principal relationships with third parties. Authority may be general or limited to specific matters. No particular formalities are required but it is advisable to use a written agreement. The most common types of authority are: • actual (express or implied) • apparent (or ostensible) See Practice Notes: Scope and authority of the agent and Forming enforceable contracts—agent's authority to contract. Where authority is actual and express this may be as a result of a consensual agreement between the solicitor and client to which only they are parties which could take a variety of forms: • retainer—the retainer might authorise a