Podcast Location:
Download it here [file size: 25.5 MB]
Categories:
Litigation & Dispute Resolution
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at all lawyers involved in litigation, whether barristers or solicitors. It aims to explore the tension in litigation between exploiting a situation of advantage that arises in the course of litigation and the limits of the duty to conduct oneself fairly. Reviewing case law from as early as the 1970s through to the present, the podcast asks can you seek to win at any cost.

Outcomes:
After completing the course you will:
  • Understand the nature of the duty between litigation solicitors to act fairly;
  • Understand the origins and scope of the principle to act fairly;
  • Understand the factors that may influence the court to intervene against a party who has acted on an unfair advantage and when they have been reluctant to do so;
  • Be aware of the issues surrounding a solicitor’s duty to his client in giving up an apparent advantage;
  • Understand how the overriding objective has impacted on the conduct of litigation solicitors;
  • Be aware of the scope for a negligence challenge against a solicitor that gives away some advantage to the other side in litigation;
  • Understand how to explain the limits on the lawyers to engage in sharp practice.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Spiro v Lintern [1973] 1 WLR 1003;
  • Moorgate Mercantile v Twitchings [1977] AC 891;
  • The Henrik Sif [1982] 1 Lloyds Rep 456;
  • Derby –v- Weldon (No 8) [1991] 1 WLR 73;
  • The Stolt Loyalty [1993] 2 Lloyds LR 281;
  • Ernst & Young v Butte Mining [1996] 1 WLR 1605;
  • Republic of India v India Steamship Co Ltd. [1997] 2 WLR 538;
  • Thames Trains v Adams [2006] EWHC 3291;
  • Bethell Construction Ltd v Deloitte & Touche [2011] EWCA Civ 1321;
  • Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal [1983] 1 AC 854.
Tags:

This podcast discusses the limits on acceptable professional conduct in civil litigation – as an adversarial process the impulse will be to win for ones client. This podcast will discuss whether it’s professionally (and legally) acceptable to exploit an unfair advantage – i.e. to win at any cost.

Podcast added: 05/07/12

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