Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

CoA awards £60k damages against ‘unscrupulous’ fake firm fraudsters – Law Society’s Gazette

Posted June 18th, 2018 in damages, fraud, law firms, misrepresentation, news, solicitors by sally

‘The Court of Appeal has ruled that an insurance company is entitled to exemplary damages against fraudsters whose conduct was described as ‘outrageous’.’

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Law Society's Gazette, 15th June 2018

Source: www.lawgazette.co.uk

Jail for solicitor who forged documents and stole £800,000 of client money – Legal Futures

Posted June 11th, 2018 in courts, forgery, money laundering, news, sentencing, solicitors by sally

‘A dishonest solicitor who forged documents and stole clients’ mortgage payments after taking the reins of a law firm has been jailed for seven years and six months.’

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Legal Futures, 11th June 2018

Source: www.legalfutures.co.uk

Sanctions for solicitor who posted offensive comments on Facebook and barrister who got clerk to lie – Legal Futures

Posted June 11th, 2018 in barristers, disciplinary procedures, news, solicitors by sally

‘A solicitor who made offensive remarks in a private Facebook group has been rebuked and fined, while other unusual disciplinary decisions announced yesterday included a suspension for a barrister who got her clerk to lie about her availability for a hearing.’

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Legal Futures, 8th June 2018

Source: www.legalfutures.co.uk

Solicitor who attributed false legal aid claims to depression struck off – Legal Futures

Posted June 4th, 2018 in disciplinary procedures, fees, legal aid, news, solicitors by sally

‘A criminal defence solicitor has been struck off for dishonestly claiming £7,000 from the legal aid fund and falsifying documents to cover up his mistakes in double-booking advocates – at a time when he said he was suffering from severe depression which led him to drink and take un-prescribed drugs.’

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Legal Futures, 4th June 2018

Source: www.legalfutures.co.uk

Not guilty, but probably dishonest – New Law Journal

Posted June 1st, 2018 in disciplinary procedures, news, solicitors, standard of proof, tribunals by sally

‘John Gould puts disciplinary procedures & the standard of proof required by the Solicitors Disciplinary Tribunal under the spotlight.’

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New Law Journal, 1st June 2018

Source: www.newlawjournal.co.uk

Master takes axe to phone-hacking claimants’ partner-heavy costs budgets – Litigation Futures

Posted June 1st, 2018 in budgets, costs, interception, news, proportionality, solicitors by sally

‘The High Court has criticised a law firm’s “very heavy reliance on partner time”, and the “astonishing” amount of time junior counsel was planning to spend in preparing for trial, as it slashed by more than half many of their budgeted costs for representing two claimants in the phone hacking litigation against Mirror Group Newspapers.’

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Litigation Futures, 30th May 2018

Source: www.litigationfutures.com

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by tracey

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

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Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI

Posted April 30th, 2018 in accidents, costs, news, personal injuries, road traffic, solicitors by tracey

‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Legal profession facing talent drain as mental health problems surge – Law Society’s Gazette

Posted April 27th, 2018 in mental health, news, solicitors by tracey

‘The proportion of trainees who have experienced mental health problems has more than doubled in the last year, a survey has found, as junior lawyers continue to report severe levels of stress. In its 2018 resilience and wellbeing survey, the Law Society’s Junior Lawyers Division (JLD) found that 39% of trainees reported suffering from mental health problems, up from 19% last year. Among the division’s members as a whole, 38% of respondents said they had experienced mental health problems in the past year, up from 26% last time.’

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Law Society's Gazette, 27th April 2018

Source: www.lawgazette.co.uk

Immigration lawyers using delaying tactics to keep illegal immigrants in Britain, High Court says – Daily Telegraph

Posted April 27th, 2018 in abuse of process, human rights, immigration, news, solicitors by tracey

‘Immigration lawyers are using delaying tactics to keep illegal immigrants in Britain, High Court judges have said. Law firms are “buying time” by filing endless “hopeless” appeals and applications “with a view to generating new Home Office decisions” and keeping the process going for longer, two senior judges said.’

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Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

Legal aid strike: Solicitors “should help clients represent themselves” if they can’t find barrister, says SRA – Legal Futures

‘Criminal law solicitors unable to find a barrister because of their protest over legal aid fees “may need to assist the client to represent themselves as best they can” if the court will not grant an adjournment, the Solicitors Regulation Authority (SRA) has warned.’

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Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

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Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

SRA appeals “unduly lenient” penalty handed out to solicitor found guilty of sexual assault – Legal Futures

Posted April 25th, 2018 in disciplinary procedures, news, penalties, sexual offences, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is to appeal a tribunal’s decision to suspend a solicitor found guilty of sexual assault as being too lenient, Legal Futures can reveal.’

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Legal Futures, 25th April 2018

Source: www.legalfutures.co.uk

Steep rise in law firm closures and Compensation Fund payouts – Legal Futures

‘The number of law firms shut by the Solicitors Regulation Authority (SRA) increased by more than a third last year from 37 to 50, figures from the regulator’s annual review have shown.’

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Legal Futures, 24th April 2018

Source: www.legalfutures.co.uk

Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com

Posted April 23rd, 2018 in compensation, costs, fees, insurance, news, personal injuries, solicitors by tracey

‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Criminal defence lawyers face “extinction” as profession unites to fight for justice system – Legal Futures

Posted April 18th, 2018 in criminal justice, legal representation, news, solicitors, statistics by sally

‘Criminal defence lawyers in England and Wales could become “extinct”, the Law Society has warned on the back of data showing that this is an increasingly ageing part of the profession.’

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Legal Futures, 17th April 2018

Source: www.legalfutures.co.uk

Criminal defence solicitors facing extinction – Law Society’s Gazette

Posted April 17th, 2018 in criminal justice, legal profession, news, solicitors by tracey

‘Criminal defence solicitors are on the way to becoming extinct, according to a graphic depiction published by the Law Society today. A heatmap of duty solicitor coverage shows that in several parts of England and Wales a majority of criminal law specialists are over 50 – and that few young solicitors are choosing the specialism.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Riaz v Ashwood – 4 New Square

Posted April 13th, 2018 in costs, damages, fees, news, solicitors by sally

‘Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA.’

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4 New Square, 28th March 2018

Source: www.4newsquare.com