Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Claimant “bound” by failure to change figure in portal – Litigation Futures

Posted February 19th, 2019 in compensation, contracts, damages, news, personal injuries, solicitors by sally

‘A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.’

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Litigation Futures, 19th February 2019

Source: www.litigationfutures.com

Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’

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UKSC Blog, 18th February 2019

Source: ukscblog.com

Solicitor “tried to get assault complainant to withdraw statement” – Legal Futures

‘A solicitor who tried to get someone he employed to persuade the alleged victim of a sexual assault to withdraw her statement has been struck off by a tribunal.’

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Legal Futures, 15th February 2019

Source: www.legalfutures.co.uk

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

SDT: Solicitor “terrified” by Court of Appeal was incompetent – Legal Futures

Posted February 14th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘A criminal law solicitor who described himself as “absolutely terrified” by a Court of Appeal appearance was incompetent but not dishonest, the Solicitors Disciplinary Tribunal (SDT) has concluded.’

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Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

“Far removed from fat cats” – High Court praises lawyers – Legal Futures

Posted February 13th, 2019 in barristers, families, judges, legal aid, legal profession, news, pro bono work, solicitors by sally

‘Lawyers acting pro bono in a complex family law case countered the stereotyped image of ‘fat cats’, a High Court judge has said in praising their “commitment to the delivery of justice”.’

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Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

Lawyers investigated over Sir Philip Green’s gagging orders – Daily Telegraph

‘The regulator has begun an investigation into solicitors involved in gagging Sir Philip Green’s staff in a move which could result in sanctions including being struck off, the Telegraph can reveal. The Solicitors Regulation Authority (SRA) is understood to be looking into the grievance procedure and subsequent non-disclosure agreements (NDAs) signed by at least one of Sir Philip’s previous employees who accused the billionaire of sexual harassment.’

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Daily Telegraph, 11th February 2019

Source: www.telegraph.co.uk

Supervising solicitor “told paralegal to lie” to barrister – Legal Futures

Posted February 8th, 2019 in disciplinary procedures, news, paralegals, personal injuries, solicitors by sally

‘An experienced personal injury paralegal who lied to a barrister and legal expenses insurer “on instruction from her supervising solicitor” has been banned from working for law firms.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Court refuses to overturn solicitor’s sole practitioner ban – Legal Futures

Posted February 8th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘The High Court has rejected a solicitor’s appeal against a decision to ban him from working as a sole practitioner.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Appeal judges rule on difference between ‘advice’ and ‘information’ – Litigation Futures

Posted February 8th, 2019 in accounts, legal services, negligence, news, solicitors by sally

‘The Court of Appeal has set out a series of steps courts should take when deciding whether a professional negligence case involves ‘advice’ or ‘information’.’

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Litigation Futures, 6th February 2019

Source: www.litigationfutures.com

Lawyer whistleblower struck off despite revealing misconduct – Daily Telegraph

Posted February 4th, 2019 in disciplinary procedures, news, solicitors, whistleblowers by sally

‘A trainee solicitor struck off after reporting her bosses for overcharging clients by up to 2,000 per cent has warned how the legal industry does “precious little” to protect whistleblowers.’

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Daily Telegraph, 2nd February 2019

Source: www.telegraph.co.uk

“Bullied and manipulated” young solicitor struck off – Legal Futures

Posted January 29th, 2019 in bullying, disciplinary procedures, news, solicitors, whistleblowers by sally

‘A young solicitor who was “deceived, pressured, bullied and manipulated” has been struck off by the Solicitors Disciplinary Tribunal (SDT), despite being the one to blow the whistle on misconduct in her firm.’

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Legal Futures, 29th January 2019

Source: www.legalfutures.co.uk

SRA pays Leigh Day £1m in costs to end disciplinary case – Legal Futures

‘The highly contentious Leigh Day disciplinary case has come to an end with the Solicitors Regulation Authority (SRA) paying the firm £1m in costs after the regulator’s unsuccessful appeal.’

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Legal Futures, 17th January 2019

Source: www.legalfutures.co.uk

SRA “not sufficiently transparent” in explaining decisions – Legal Futures

‘The Solicitors Regulation Authority (SRA) is “not sufficiently transparent” in explaining its decisions at board level, the Legal Services Board (LSB) has said.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Jail for solicitor “who wouldn’t ask too many questions” – Legal Futures

Posted January 9th, 2019 in money laundering, news, sentencing, solicitors by sally

‘A solicitor who was the “go to” lawyer for a gang of criminals because he would not ask too many questions about where their money came from has been jailed for seven years.’

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Legal Futures, 8th January 2019

Source: www.legalfutures.co.uk

Fees breakdown published for capped costs pilot – Litigation Futures

Posted January 9th, 2019 in costs, costs capping orders, fees, news, pilot schemes, solicitors by sally

‘The breakdown of the £80,000 in fees that solicitors will be able to claim under the voluntary capped costs pilot for certain Business and Property Courts cases valued up to £250,000 has been published.’

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Litigation Futures, 8th January 2019

Source: www.litigationfutures.com

High Court slashes success fee citing proportion of fees at risk – Litigation Futures

Posted January 8th, 2019 in accidents, fees, news, personal injuries, road traffic, solicitors by sally

‘A district judge failed to consider the risks that a claimant solicitor should have taken into account when entering into a conditional fee agreement (CFA) and so was wrong to award a 65% success fee, the High Court has ruled.’

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Litigation Futures, 7th January 2019

Source: www.litigationfutures.com