Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule – Litigation Futures

Posted January 28th, 2015 in agency, appeals, fees, mental health, news, solicitors by tracey

‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

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On-call solicitor plan adopted with ‘cavalier disregard for fairness’ – The Guardian

Posted January 20th, 2015 in criminal justice, law firms, legal representation, news, solicitors by sally

‘A theoretical business model adopted by the justice secretary to employ on-call solicitors was selected with “cavalier disregard” for fairness and real-world experience, the high court has heard.’

Full story

The Guardian, 19th January 2015

Source: www.guardian.co.uk

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Law Society wins groundbreaking injunction against struck-off solicitor – Legal Futures

Posted January 16th, 2015 in disciplinary procedures, injunctions, Law Society, news, solicitors by sally

‘The Law Society has obtained a groundbreaking injunction that prevents a struck-off solicitor from holding himself out as a solicitor or being involved in a law firm without its approval.’

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Legal Futures, 16th January 2015

Source: www.legalfutures.co.uk

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Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

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Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

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Sikh wins compensation over prison turban challenge – Daily Telegraph

Posted January 16th, 2015 in compensation, news, prisons, religious discrimination, Sikhism, solicitors by sally

‘A Sikh solicitor has won undisclosed compensation after being barred from entering a prison to visit a client because he had pins in his turban.’

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Daily Telegraph, 15th January 2015

Source: www.telegraph.co.uk

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Law Society of England and Wales v Shah – WLR Daily

Posted January 15th, 2015 in disciplinary procedures, injunctions, law reports, Law Society, solicitors by sally

Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’

WLR Daily, 12th January 2015

Source: www.iclr.co.uk

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MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

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Chris Grayling spends £72,000 of taxpayers’ money to defend ‘unlawful’ prison book ban – The Independent

Posted January 12th, 2015 in budgets, fees, news, prisons, solicitors by sally

‘The Justice Secretary spent £72,000 of taxpayers’ money in an attempt to maintain his ban on inmates receiving books in prison from visitors.’

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The Independent, 10th January 2015

Source: www.independent.co.uk

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Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

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Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by tracey

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

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Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

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Stigma of dementia leading to rise in will disputes – Legal Futures

Posted December 17th, 2014 in elderly, mental health, news, solicitors, wills by sally

‘Expert will dispute lawyers have revealed that people hiding their dementia due to the stigma of mental illness is leading to a rise in the number of wills being disputed by friends and families and say that vulnerable people need more support to avoid being taken advantage of.’

Full story

Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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Solicitors From Hell founder wins surprise High Court victory – Legal Futures

Posted December 15th, 2014 in harassment, injunctions, law firms, news, solicitors by tracey

‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’

Full story

Legal Futures, 15th December 2014

Source: www.legalfutures.co.uk

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Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

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Representing Transgendered Clients – a guide for family lawyers – Family Law Week

‘Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson’s Buildings, offers a guide to the Gender Recognition Act 2004.’

Full story

Family Law week, 11th December 2014

Source: www.familylawweek.co.uk

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New Bar leader: young barristers should take place of paid McKenzie Friends – Legal Futures

Posted December 10th, 2014 in barristers, fees, McKenzie friends, news, solicitors by sally

‘Junior barristers should get themselves accredited for direct access work and act in cases where people are currently relying on paid McKenzie Friends, the incoming Bar Council chairman has said as he promised to promote direct access to the public.’

Full story

Legal Futures, 10th December 2014

Source: www.legalfutures.co.uk

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Ethnic minority lawyers nearly four times less likely to be appointed as judges – The Independent

‘Black and minority ethnic lawyers are nearly four times less likely to be appointed as judges than white candidates, according to the latest statistics from the Judicial Appointments Commission (JAC), prompting calls for targets to be introduced.’

Full story

The Independent, 7th December 2014

Source: www.independent.co.uk

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Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

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LSB approves BSB’s application to regulate entities – Bar Standards Board

‘The Bar Standards Board (BSB) is pleased to confirm that its application to the Legal Services Board (LSB) to become a regulator of entities – businesses authorised to carry out and provide reserved legal activities – has been approved.’

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Bar Standards Board, 2nd December 2014

Source: www.barstandardsboard.org.uk

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Legal aid contracts for on-call criminal solicitors to be slashed by two-thirds – The Guardian

‘On-call, duty contracts for criminal solicitors to attend police stations and courts will be slashed from 1,600 to 527 in England and Wales, the Ministry of Justice has confirmed.’

Full story

The Guardian, 27th November 2014

Source: www.guardian.co.uk

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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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