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Bankruptcy – Trustee in bankruptcy. The defendant solicitors had been in practice together until they were declared bankrupt. The trustee in bankruptcy of the first defendant applied for an order that time costs and expenses, which had been incurred in preserving files and records of the practice, reconciling the client accounts of the practice and incidental costs, should be deducted from the client accounts of the practice. The Chancery Division, in dismissing the application, held that the court did not have jurisdiction to make the order sought because, among other things, the first defendant, notwithstanding being made bankrupt, had been under an unbroken and continuing duty to manage the client accounts and client monies in accordance with the Solicitors Accounts Rules and that obligation could not be, and was not, displaced by his bankruptcy and could be, and was, displaced only when the Solicitors Regulation Authority decided to intervene in the practice.
Bankruptcy – Trustee in bankruptcy. The defendant solicitors had been in practice together until they were declared bankrupt. The trustee in bankruptcy of the first defendant applied for an order that time costs and expenses, which had been incurred in preserving files and records of the practice, reconciling the client accounts of the practice and incidental costs, should be deducted from the client accounts of the practice. The Chancery Division, in dismissing the application, held that the court did not have jurisdiction to make the order sought because, among other things, the first defendant, notwithstanding being made bankrupt, had been under an unbroken and continuing duty to manage the client accounts and client monies in accordance with the Solicitors Accounts Rules and that obligation could not be, and was not, displaced by his bankruptcy and could be, and was, displaced only when the Solicitors Regulation Authority decided to intervene in the practice.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
