Training & Knowledge: Lewis MacDonald

11th Oct 2022Newsletters

CMA v Flynn [2022] UKSC 14 – a costly opportunity missed?

In a line of authorities starting with Bradford Metropolitan District Council v Booth [2000] 164 JP 485, the Court of Appeal developed a rule that a successful party acting against a public authority will not recover its costs as a starting point, but rather the starting point is that no order for costs should be […]

26th May 2022Newsletters

Gray v SRA [2022] EWHC 624: Previous findings before the SDT

Rule 32(2) of the Solicitors Disciplinary Tribunal Rules provides that the judgment of any civil court, or any tribunal exercising a professional or disciplinary jurisdiction, may stand as proof but not conclusive proof of the facts upon which the judgment is based. Rule 32(2) is to some extent unusual. Whilst tribunals and civil courts have […]

28th Oct 2021Newsletters

An end to non-professional professional misconduct?

Frensham v Financial Conduct Authority [2021] UKUT 0222 (TCC) In December last year I wrote about the High Court’s decision in Beckwith v SRA; where the High Court gave a clear warning to regulators about the need to specifically address why a transgression arising in a professional’s private life breaches their professional code of conduct […]

13th Sep 2021Articles

[Dr] No risk of dissipation – Les Ambassadeurs Club Ltd v Yu

The test for “a real risk of dissipation” has been clarified by the Court of Appeal in an important and high-profile judgment Les Ambassadeurs Club Ltd v Songbo Yu [2021] EWCA Civ 1310. Between 27 April and 1 May 2018 Mr Yu, a Chinese high-net-worth businessman, used cheques to purchase £19 million worth of chips […]