Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’

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OUT-LAW.com, 16th May 2017

Source: www.out-law.com

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Honesty and integrity – honestly different? – UK Police Law Blog

Posted May 16th, 2017 in codes of practice, misfeasance, news, police, solicitors by sally

‘Another month, another decision on the meaning of honesty and integrity. Given that the Standard of ‘Honesty and Integrity’ is considered primus inter pares in relation to the other Standards, in that a breach of it puts an officer at serious risk of dismissal, what amounts to this is important – for officers and presenting authorities.’

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UK Police Law Blog, 12th May 2017

Source: www.ukpolicelawblog.com

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Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

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What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

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Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

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Professional Disciplinary Case Digest – Cloisters

‘A summary of legally noteworthy judicial reviews and High Court appeals regarding professional disciplinary panels and their decisions.’

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Cloisters, 11th May 2017

Source: www.cloisters.com

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High Court again overturns SDT ruling that cleared solicitor over Axiom fund borrowing – Legal Futures

Posted May 12th, 2017 in disciplinary procedures, loans, news, solicitors by sally

‘The High Court has overturned a decision by the Solicitors Disciplinary Tribunal (SDT) to clear a solicitor who borrowed money from the controversial Axiom Legal Financing Fund of charges of misconduct – five months after a ruling that cleared two other solicitors who took an Axiom loan was also reversed.’

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Legal Futures, 11th May 2017

Source: www.legalfutures.co.uk

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Super exam reaction: Profession calls for ‘clarity’ – Law Society’s Gazette

Posted April 26th, 2017 in examinations, news, solicitors, Solicitors Regulation Authority by sally

‘The profession has given a mixed response to the Solicitors Regulation Authority’s plans to introduce a single qualifying assessment for would-be solicitors and called on the regulator to ensure the new regime maintains high standards.’

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Law Society’s Gazette, 25th April 2017

Source: www.lawgazette.co.uk

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SRA to introduce Solicitors Qualifying Examination in 2020 – Local Government Lawyer

Posted April 26th, 2017 in examinations, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority is to press ahead with the introduction of the Solicitors Qualifying Examination (SQE), which will replace the current system of qualification in September 2020.’

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Local Government Lawyer, 25th April 2017

Source: www.localgovernmentlawyer.co.uk

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Lawyers must be able to bring cases against government ‘without fear of reprisals’ – The Guardian

‘Lawyers must be able to bring cases against the government “without fear of recrimination or reprisals”, the high-profile solicitors’ firm Leigh Day has declared on the eve of its trial for alleged professional misconduct.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

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High Court ruling on meaning of ‘lack of integrity’ to cause SRA and other regulators problems – Legal Futures

Posted April 21st, 2017 in disciplinary procedures, news, professional conduct, solicitors by tracey

‘The High Court ruling last week that said a lack of integrity on the part of a solicitor is the same as dishonesty could cause regulators real problems when prosecuting cases where they are not sure they have enough to establish dishonesty, it has been claimed.’

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Legal Futures, 21st April 2017

Source: www.legalfutures.co.uk

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Tribunal lays out Clyde & Co’s “glaring” failures – Legal Futures

‘The failures which led to a record fine for Clyde & Co were “particularly glaring” as it was “a large and, previously, reputable firm”, the Solicitors Disciplinary Tribunal (SDT) has declared in approving the sanction.’

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Legal Futures, 19th April 2017

Source: www.legalfutures.co.uk

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Does a lack of integrity show dishonesty? High Court says yes as it overturns “flawed” strike-off – Legal Futures

Posted April 13th, 2017 in appeals, disciplinary procedures, news, solicitors by sally

‘A High Court judge has overturned a decision by the Solicitors Disciplinary Tribunal (SDT) to strike off a former partner of national law firm Bond Dickinson, because the distinction it drew between acting without integrity and being dishonest meant the whole case against him was flawed.’

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Legal Futures, 13th April 2017

Source: www.legalfutures.co.uk

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A culture of fear? – Legal Futures

Posted April 12th, 2017 in disciplinary procedures, mental health, news, solicitors by sally

‘A newly published survey by the Law Society Junior Lawyer’s Division (JLD) has found that extreme stress affects a quarter of young lawyers. This highlights a worrying trend that we have been tracking for some time: young solicitors unable to cope and lacking proper support from their employers.’

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Legal Futures, 12th April 2017

Source: www.legalfutures.co.uk

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Solicitors, trainee and paralegal jailed after landmark convictions for insurance fraud conspiracy – Legal Futures

Posted April 10th, 2017 in fraud, insurance, news, paralegals, police, sentencing, solicitors by sally

‘Two solicitors, a trainee and a paralegal are among six men who have today been jailed for a total of 13 and a half years at Liverpool Crown Court for insurance fraud that cost victims £426,000.’

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Legal Futures, 7th April 2017

Source: www.legalfutures.co.uk

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Solicitor and firm fined in first criminal prosecution by Pensions Regulator – Legal Futures

Posted April 7th, 2017 in fines, law firms, news, pensions, prosecutions, solicitors by tracey

‘A solicitor and the firm where he is a partner have been ordered to pay more than £16,000 in fines and costs for refusing to give documents to The Pensions Regulator (TPR) which were required as part of a wider investigation.’

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Legal Futures, 7th April 2017

Source: www.legalfutures.co.uk

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Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

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OUT-LAW.com, 31st March 2017

Source: www.out-law.com

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Fine for senior partner who “accidentally” discriminated against colleague on grounds of age and religion – Legal Futures

‘A senior partner who was found by an employment tribunal to have discriminated against, harassed and victimised a former equity partner at his firm, has been fined £2,000 by the Solicitors Disciplinary Tribunal (SDT), which found his culpability to be “low” as his behaviour had “just crossed the line into discrimination”.’

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Legal Futures, 3rd April 2017

Source: www.legalfutures.co.uk

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Is Strasbourg law the law of England and Wales? – UK Human Rights Blog

Posted March 31st, 2017 in fees, human rights, legal aid, news, solicitors, statutory interpretation by tracey

‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

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Supreme Court hold law firm not liable for client’s commercial misjudgement – Legal Futures

Posted March 24th, 2017 in drafting, loans, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’

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Legal Futures, 23rd March 2017

Source: www.legalfutures.co.uk

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