Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

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Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

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High Court slaps down legal aid reform – Law Society’s Gazette

‘The lord chancellor acted ‘unlawfully’ in the way he consulted on controversial plans to shake up criminal legal aid, the High Court ruled today [19 September].’

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Law Society’s Gazette, 19th September 2014

Source: www.lawgazette.co.uk

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Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Fifth of law firms admit to substandard service – LegalFutures

Posted September 18th, 2014 in continuing professional development, law firms, news, reports, solicitors by tracey

‘A fifth of law firms admit to providing a substandard service at some point in the past year, with extra training for staff the common response, Solicitors Regulation Authority (SRA) research has revealed.’

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LegalFutures, 18th September 2014

Source: www.legalfutures.co.uk

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Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

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Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

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LCJ uses Nightjack case to warn lawyers who mislead court of “exemplary punishments” – Legalfutures

‘Lawyers who mislead the court will end up with “exemplary and deterrent” punishments, the Lord Chief Justice has warned.’

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Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

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Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

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Supreme Court refuses to hear litigant-in-person negligence appeal – Litigation Futures

Posted August 28th, 2014 in appeals, autism, litigants in person, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal from a litigant in person who sued her solicitors for negligence and whose claim included the grounds that she suffered from Asperger’s Syndrome.’

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Litigation Futures, 28th August 2014

Source: www.litigationfutures.com

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How to protect yourself from data breaches – The Future of Law

‘Barristers and solicitors need to make sure they keep personal information secure, especially information on paper files, says a statement from the Information Commissioner’s Office (ICO). This warning follows a number of data breaches reported to the ICO over the last few months involving the legal profession.’

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The Future of Law, 26th August 2014

Source: www.blogs.lexisnexis.co.uk

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SRA investigating nine criminal law firms over failures in advice to asylum seekers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’

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Legal Futures, 26th August 2014

Source: www.legalfutures.co.uk

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Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

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Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

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Lawyers critical of free mediation scheme – Law Society’s Gazette

Posted August 22nd, 2014 in budgets, dispute resolution, divorce, legal aid, news, solicitors by tracey

‘The government’s scheme to fund a free mediation session for separating couples will do little to increase the number of people resolving disputes out of court, lawyers have claimed.’

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Law Society’s Gazette, 21st August 2014

Source: www.lawgazette.co.uk

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Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

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Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

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Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

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Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

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City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

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Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

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Barristers’ clerks attack law firms over contract payment terms – Legal Futures

‘Law firms are imposing contracts on barristers they would never sign themselves, the chair of the Institute of Barristers’ Clerks (IBC) has said.’

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Legal Futures, 18th August 2014

Source: www.legalfutures.co.uk

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Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

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UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

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News International lawyers face tribunal over alleged hacking coverup – The Guardian

‘Two lawyers working for News International at the height of the phone hacking scandal are being prosecuted by the legal profession’s regulator for allegedly seeking to cover up the scale of criminality at the News of the World.’

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The Guardian, 9th August 2014

Source: www.guardian.co.uk

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Information Commissioner sounds alarm over lawyers’ handling of personal data – Legal Futures

‘The Information Commissioner’s Office (ICO) has issued a warning to solicitors and barristers over the need to keep personal information secure, especially paper files, in the wake of “a number of data breaches” in recent months.’

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Legal Futures, 6th August 2014

Source: www.legalfutures.co.uk

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