2023년 2월 26일 일요일

Does the client need to authorise in order to make an interim application in English civil procedure?

Yes, in English civil procedure, a lawyer must obtain the client's authorization before making an interim application on their behalf. This is because the client is ultimately responsible for the conduct of their case, and they have the right to make decisions about the conduct of the case, including whether or not to make an interim application. The requirement for client authorization is set out in the Solicitors' Code of Conduct, which requires solicitors to obtain their clients' instructions on all matters relating to the case, including the making of interim applications. The code also requires solicitors to keep their clients informed about the progress of their case and to provide them with sufficient information to make informed decisions about the conduct of the case. The client's authorization is usually obtained through a written retainer agreement or engagement letter, which sets out the terms of the solicitor's engagement and the client's obligations, including the obligation to provide instructions and make decisions about the conduct of the case. The client may also be required to provide a written authorization specifically for the making of an interim application, particularly if the application is urgent or involves significant expense or risk. In summary, a solicitor must obtain their client's authorization before making an interim application in English civil procedure, and should keep their client informed about the progress of the case and provide them with sufficient information to make informed decisions about the conduct of the case.

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