LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CONDUCT IN CIVLIT
Situation | Principle | Outcomes | Indicative Behaviours | Actions |
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TAKING INSTRUCTIONS | ||||
You hold confidential information about A which is material to B who has an interest adverse to A | 4 | 4.1 – a solicitor is under a duty to maintain the confidentiality of his clients affairs unless the client’s prior authority is obtained to disclose particular information, or exceptionally the solicitor is required or permitted by law to do so. This duty continues after the retainer. | 4.5 – Not acting for A where B is a client for whom you hold confidential information which is material to A unless the confidential information can be protected |
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You are instructed by a party A to act in a case against a previous client B | 4 | 3.5 – A solicitor generally should not act for two or more clients where this would cause a conflict of interests. 4.1 – a solicitor is under a duty to maintain the confidentiality of his clients affairs unless the client’s prior authority is obtained to disclose particular information, or exceptionally the solicitor is required or permitted by law to do so. This duty continues after the retainer. | 3.2 – Declining to act for clients whose interests are in direct conflict |
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Instructed by two partners in a firm which has been sued for damages for fraudulent misrepresentation. However, the allegation is that only one of the partners made the misrepresentation | 4 | 3.5 – A solicitor generally should not act for two or more clients where this would cause a conflict of interests. | 3.2 – decline to act for clients whose interests are in direct conflict |
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A solicitor receives instructions from someone other than the client, or by only one client on behalf of others in a joint matter | 4, 5 | 1.12 – clients are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them | 1.25 – do not act for a client when instructions are given by someone else, or by only one client when you act jointly for others |
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FUNDING | ||||
Giving advice about funding and costs | 4, 5 | 1.6 – You enter into fee arrangements that are legal and which you consider are suitable for the client’s needs and take account of the client’s best interests | 1.13 – discuss whether the outcomes are likely to justify the risk and expense 1.14 – clearly explaining your fees and how they might change 1.15 – warn your client about other expenses e.g. other party’s costs 1.16 – Discuss public funding available, whether the client has insurance, or whether the fees may be covered by someone else, e.g. trade union | |
The client suggests a success fee well in excess of what the solicitor might set | 2, 4 | 1.1 – must treat a client fairly 1.6 – only enter into a fee agreement with the client that takes account of the client’s best interests | 1.17 – where you are acting under a fee arrangement, give the client all information relating to that agreement |
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DISCLOSURE AND DOCUMENTS | ||||
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Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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