The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Law and Lawyers – Not All Bad? A Life in the Law – Not All Good? – Gresham College

Posted July 25th, 2016 in barristers, legal profession, news, solicitors, speeches by sally

‘Professor Sir Geoffrey Nice QC continues his Law series in the 2015/16 academic year, entitled ‘Law and Lawyers – not all bad?’.’

Video

Gresham College, 4th May 2016

Source: www.gresham.ac.uk

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High Court rejects solicitor’s bid to remove conditions on practising certificate – Legal Futures

‘The High Court has rejected a solicitor’s bid to overturn conditions placed on his practising certificate by the Solicitors Regulation Authority (SRA) – but also criticised the regulator for the time it has taken to act in the case.’

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Legal Futures, 25th July 2016

Source: www.legalfutures.co.uk

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Justice advisory council’s future up in the air after reshuffle – Law Society’s Gazette

‘Uncertainty surrounds the future of the advisory council set up by former lord chancellor Michael Gove to examine ways to eliminate waste and abuses in the criminal justice system.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

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High Court rejects appeal against PC conditions – Law Society’s Gazette

‘The High Court has refused an appeal by a London solicitor against conditions being placed on his practising certificate.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

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Planning for the post-Brexit legal world – The Lawyer

Posted July 25th, 2016 in barristers, EC law, legal profession, news, referendums, solicitors by sally

‘On the morning of June 24th this year everything changed. Despite many predictions to the contrary, the people of Britain voted decisively to leave the European Union, and the political and economic landscape will never be the same again. Whether you voted leave or remain, whether you were aghast or euphoric, the only certainty was uncertainty. What will happen to the United Kingdom’s trade arrangements? What is the status of the City in a post-Brexit world? And after those big questions come a host of other, more knotty issues. What happens to passporting in financial services? What are the implications for employment law? What about data protection and intellectual property? How do you reshape your commercial contracts?’

Full story

The Lawyer, 25th July 2016

Source: www.thelawyer.com

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Making lawyers publish “average” prices will energise consumers, says panel – Legal Futures

‘The Legal Services Consumer Panel said last week that it was “not blind to the challenges of increased price transparency”, but insisted that making lawyers publish “average” prices could be the catalyst for making consumers ask more questions about cost.’

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Legal Futures, 25th July 2016

Source: www.legalfutures.co.uk

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LSB pushes for fully independent regulators to prevent professional bodies resisting reforms – Legal Futures

Posted July 22nd, 2016 in barristers, legal education, news, professional conduct, solicitors by sally

‘The Legal Services Board (LSB) has argued more strongly than ever that professional bodies, such as the Law Society and Bar Council, must be fully separated from their regulators.’

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Legal Futures, 22nd July 2016

Source: www.legalfutures.co.uk

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‘Radical’ handbook reforms will widen access to justice, SRA says – Law Society’s Gazette

‘The Solicitors Regulation Authority insists its “radical” handbook reforms will widen access to justice, acknowledging that certain safeguards will be needed if solicitors are given greater freedom to deliver legal services outside regulated firms.’

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Law Society’s Gazette, 14th July 2016

Source: www.lawgazette.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors – WLR Daily

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors [2016 [EWHC] 1614 (Ch)

‘The claimant bank brought a claim for professional negligence against the defendant firm of solicitors. The claimant’s solicitors sent a letter to the defendant’s solicitors stating that they were accepting the defendant’s offer to settle contained in a “ without prejudice save as to costs” letter (“WPSAC letter”) and enclosing a draft Tomlin order. A series of without prejudice letters and conversations followed. The defendant’s solicitors wrote reiterating the terms of their offer of settlement. Subsequently, the claimant’s solicitors sent a without prejudice letter containing a CPR Pt 36 offer. The parties differed as to the effect of the claimant’s Part 36 offer on the defendant’s WPSAC letter. The defendant contended that the claimant’s Part 36 offer was a counteroffer and, in law, had the effect of rejecting its WPSAC letter so that thereafter, it was not open for acceptance.’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

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Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

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Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

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Law Society lays into SRA over handbook rewrite and risk of creating “two-tier” profession – Legal Futures

Posted July 12th, 2016 in law firms, Law Society, legal profession, news, solicitors by sally

‘The Law Society has blasted Solicitors Regulation Authority (SRA) plans to allow solicitors to practise from unregulated businesses, saying they risk creating a two-tier profession and eroding the standing of the profession.’

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Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

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Fraud victims outside London have ‘little chance’ of police help – Daily Telegraph

Posted July 6th, 2016 in conveyancing, fraud, internet, London, news, police, solicitors, statistics, victims by Mark L

‘Fraud victims outside London whose cases are reported to the police have “little chance of any kind of investigation”, an authoritative study has found.’

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Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

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Sharia review seeks experiences – Law Society’s Gazette

Posted July 5th, 2016 in consultations, inquiries, islamic law, news, solicitors by sally

‘Solicitors who have experience of sharia law were today urged to take part in an independent review examining whether the religious code is being misused within Britain.’

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Law Society’s Gazette, 4th July 2016

Source: www.lawgazette.co.uk

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Bar Council responds to latest LSB report on legal services market – Bar Council

‘Responding to the Legal Services Board’s latest report Evaluation: Changes in the legal services market 2006/07 – 2014/15 Chairman of the Bar, Chantal-Aimée Doerries QC, said: “The Legal Services Board’s report on changes in the legal services market contains some mixed messages.

Full press release

Bar Council, 4th July 2016

Source: www.barcouncil.org.uk

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One in three cases of “solicitor fraud” not even looked at, police admit – Daily Telegraph

Posted July 4th, 2016 in conveyancing, fraud, news, police, solicitors, statistics by michael

‘One in three cases of conveyancing fraud – where victims lose an average of £101,000 – is not even passed on to the police for further investigation, Telegraph Money has learned.’

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Daily Telegraph, 3rd July 2016

Source: www.telegraph.co.uk

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Lawyers rush to reassure clients after Brexit shock – Law Society’s Gazette

‘The legal profession is today digesting the UK’s historic decision to vote to leave the European Union.’

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Law Society’s Gazette, 24th June 2016

Source: www.lawgazette.co.uk

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