Equitable Compensation – The Supreme Court Reviews the Position – Littleton Chambers

Posted November 27th, 2014 in appeals, compensation, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’

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Littleton Chambers, 26th November 2014

Source: www.littletonchambers.com

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Rule out notion of costly, one-size-fits-all super-regulator, says Bar Council Chairman – The Bar Council

‘Constantly changing the regulatory regime for legal services is costly and lawyers need time to let the current regime bed in, the Bar Council chairman has said in a speech to regulators and prominent members of the legal sector.’

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The Bar Council, 25th November 2014

Source: www.barcouncil.org.uk

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A spectacularly Misleading Case – nested in a real one – UK Human Rights Blog

‘Hamblen J observed that “the facts…are so extraordinary that they could have come from one of A.P. Herbert’s “Misleading Cases”. Yes indeed. A solicitor decided to make up three years of litigation, writing some fake judgments, pretending to instruct barristers, and churning out fictitious correspondence.’

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UK Human Rights Blog, 25th November 2014

Source: www.ukhumanrightsblog.com

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Law Society withdraws guidance on sharia wills – The Guardian

Posted November 25th, 2014 in islamic law, Law Society, news, solicitors, wills by sally

‘The Law Society has withdrawn guidance on how to prepare sharia-compliant wills following criticism from solicitors and the justice secretary, Chris Grayling. Recorded debates about the procedures have also been removed from the society’s website.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

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The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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The “extraordinary” tale of the lawyer who faked his client’s litigation – Legal Futures

Posted November 20th, 2014 in documents, fraud, news, setting aside, solicitors by tracey

‘The High Court has set aside an order made against a litigant after it emerged that his solicitor had duped him by conducting “fictitious” litigation that included faked judgments and telephone conferences involving the impersonation of his senior partner and of leading counsel.’

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Legal Futures, 20th November 2014

Source: www.legalfutures.co.uk

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SRA takes 550 days from first report to refer solicitors to disciplinary tribunal – Legal Futures

‘The time taken between serious misconduct being reported to the Solicitors Regulation Authority (SRA) and a referral to the Solicitors Disciplinary Tribunal (SDT) is 550 days, the regulator has revealed.’

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Legal Futures, 18th November 2014

Source: www.legalfutures.co.uk

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Litigation Funding And Third-Party Costs Orders: A Practical View From The Bar – Littleton Chambers

Posted November 17th, 2014 in costs, indemnities, news, solicitors, third parties by sally

‘In his monthly column, James Bickford Smith considers the effects and scope of the recent decision in Excalibur Ventures LLC v Texas Keystone Inc and others (Rev 2) [2014] EWHC 3436 (Comm) to make litigation funders liable for third party costs orders.’

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Littleton Chambers, 11th November 2014

Source: www.littletonchambers.com

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Human rights guidance for lawyers – is it necessary? – Halsbury’s Law Exchange

Posted November 17th, 2014 in barristers, codes of practice, company law, human rights, news, solicitors by sally

‘On 23 October 2014, the International Bar Association (IBA) Business and Human Rights Working Group released draft guidance for bar associations and business lawyers on the implementation of the UN Guiding Principles on Business and Human Rights (the Guiding Principles).’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

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Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by tracey

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

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Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

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Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

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AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Phasing in new legislation – Law Society’s Gazette

‘The major piece of criminal law legislation for 2014 is the Anti-Social Behaviour, Crime and Policing Act. It has been brought gradually into force throughout the year.’

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Law Society’s Gazette, 3rd November 2014

Source: www.lawgazette.co.uk

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Service by the courts – Law Society’s Gazette

‘A recent case provides clarification and guidance on the issue of service by the courts in contravention of the claimant’s instructions.’

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Law Society’s Gazette, 27th October 2014

Source: www.lawgazette.co.uk

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Will scrapping the CPD requirement reduce the quality of lawyers? – The Futures of Law

‘The Solicitors Regulation Authority (SRA) has pledged to scrap its requirement for solicitors to complete 16 hours of continuing professional development (CPD), describing its existing system as little more than a “box ticking” exercise. The SRA believes revoking the current system will provide greater flexibility, but Nicholas Lakeland, partner and head of the employment and pensions team at Silverman Sherliker LLP, fears it may well lead to a real reduction in training.’

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The Future of Law, 22nd October 2014

Source: www.blogs.lexisnexis.co.uk

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High Court demonstrates more merciful relief regime – Litigation Futures

Posted October 22nd, 2014 in negligence, news, sanctions, solicitors by sally

The High Court has given a clear demonstration of the more forgiving post-Denton environment by granting relief from sanctions where the defaulting party admitted it had no good reason for its failure.

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Litigation Futures, 22nd October 2014

Source: www.litigationfutures.com

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Public Access Work For The Young Bar – No. 5 Chambers

Posted October 15th, 2014 in advocacy, barristers, legal profession, news, solicitors by sally

‘“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinvention of the wheel or an opportunity for all lawyers? The work that barristers can now do is utterly different from a decade ago. The growth of McKenzie friends shows the legal landscape has been affected by financial constrictions and widening consumer choice. Solicitors have higher rights of audience and employed barristers can be advocates. Professionals from both sides wonder whether there is still a real difference. The answer currently is that there remain significant differences though the edges are becoming blurred. This article will not examine those differences or likely future of the professions. Instead it offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.’

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No. 5 Chambers, 2nd October 2014

Source: www.no5.com

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Pilot jailed for £30m mortgage fraud – BBC News

Posted October 15th, 2014 in accountants, conspiracy, fraud, mortgages, news, sentencing, solicitors by sally

‘A former Virgin Atlantic pilot has been jailed for 14 years for committing a £30m mortgage fraud in Berkshire.’

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BBC News, 14th October 2014

Source: www.bbc.co.uk

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