High Court rejects appeal from sham marriages solicitor – Legal Futures

Posted October 12th, 2021 in appeals, disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off twice by the Solicitors Disciplinary Tribunal (SDT) after being recorded by an undercover TV reporter giving advice on what he knew was a sham marriage.’

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Legal Futures, 12th October 2021

Source: www.legalfutures.co.uk

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

New Guidelines for Lawyers Practising within the Coroners’ Court – Inquests and Inquiries Law Blog

‘New guidelines for legal professionals practising within the Coroners’ Courts have been published by the Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation. The new guidelines were introduced in response to concerns, particularly about the adversarial approach adopted by some lawyers. The key takeaways are summarised below.’

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Inquests and Inquiries Law Blog, 20th September 2021

Source: inquestsandinquirieslawblog.com

Tribunal fines solicitor convicted of dangerous driving – Legal Futures

‘A solicitor who received a suspended prison sentence for dangerous driving after hitting a telegraph pole as well as multiple parked cars has been fined by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

NDAs “cannot be controlled by professional regulators” – Legal Futures

‘The use of non-disclosure agreements (NDAs) cannot be effectively controlled by professional regulators like the Solicitors Regulation Authority (SRA) and legislation is needed, a law professor and campaigner for tougher restrictions has said.’

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Legal Futures, 15th September 2021

Source: www.legalfutures.co.uk

‘Scandalous’ SRA delays in investigation of disciplinary cases – Law Society’s Gazette

‘A renowned authority on regulating solicitors has today condemned “scandalous” delays in the investigation of disciplinary cases by the SRA. Greg Treverton-Jones QC, long-time co-author of The Solicitor’s Handbook, says solicitors can wait years for their cases to conclude, even where they are exonerated or only suffer a rebuke. In the meantime, they face the “appalling ordeal” of placing their professional lives on hold and in some cases can find themselves unemployable.’

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Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

Post Office scandal inquiry urged to put more focus on the lawyers – Legal Futures

‘The inquiry into the Post Office Horizon scandal has been urged to put more focus on the role of lawyers in perpetuating the organisation’s intransigence over the IT system’s problems.’

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Legal Futures, 10th September 2021

Source: www.legalfutures.co.uk

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules – Local Government Lawyer

‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’

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Local Government Lawyer, 7th September 2021

Source: www.localgovernmentlawyer.co.uk

Former CPS solicitor rebuked for offensive Facebook posts – Legal Futures

‘ A solicitor who shared a petition from far-right group Britain First on her Facebook page while working for the Crown Prosecution Service (CPS) has been rebuked by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

“You know what we meant!” Supreme Court guidance on non-compete clauses – 3PB

‘On 23 July 2021 the Supreme Court handed down its unanimous judgment on the issues of restraint of trade and solicitors’ undertakings. This article considers the central issue before the court, namely whether a non-compete undertaking within a non-disclosure agreement was an unreasonable restraint of trade and therefore unenforceable.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

High Court uses new guideline rates ahead of formal introduction – Legal Futures

Posted August 24th, 2021 in civil justice, Civil Justice Council, costs, fees, news, solicitors by sally

‘The new guideline hourly rates (GHR) will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.’

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Legal Futures, 24th August 2021

Source: www.legalfutures.co.uk

Costs judge rejects “regrettable” overcharging allegations – Legal Futures

Posted August 23rd, 2021 in asylum, costs, fees, immigration, law firms, news, professional conduct, solicitors by tracey

‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Cost of practising as a solicitor set to fall by 6.7% – Legal Futures

‘The cost of practising as a solicitor is to fall by 6.7% in the coming year, although it may have to rise in future once the Law Society sets a new reserves policy.’

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Legal Futures, 20th August 2021

Source: www.legalfutures.co.uk

Lawyers pledge to boycott extended court hours – Law Society’s Gazette

‘Almost 400 solicitors and barristers have signed an open letter to HM Courts & Tribunals Service, refusing to attend a ‘single court listing outside of regular court hours’. The Ministry of Justice responded today by denying the existence of any plan for weekend sittings.’

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Law Society's Gazette, 5th August 2021

Source: www.lawgazette.co.uk

Lawyers pledge to boycott extended court hours – Law Society’s Gazette

‘Almost 400 solicitors and barristers have signed an open letter to HM Courts & Tribunals Service, refusing to attend a ‘single court listing outside of regular court hours’. The Ministry of Justice responded today by denying the existence of any plan for weekend sittings.’

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Law Society's Gazette, 5th August 2021

Source: www.lawgazette.co.uk

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com

Nationality and Borders Bill: risking Britain’s reputation? – 5SAH

‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’

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5SAH, 22nd July 2021

Source: www.5sah.co.uk

Technology and innovation “step-change” in last year but barriers persist – Legal Futures

‘The past year has seen a “step change” in the adoption of legal technology and innovation, in part as a result of Covid-19, a major piece of new research has found.’

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Legal Futures, 27th July 2021

Source: www.legalfutures.co.uk

Defensive Advising Strategies 2: Know Your Client – Wilberforce Chambers

‘With a history in the world of financial services regulation, “know your customer/client” or “KYC” is a cornerstone of professional practice. What does it mean for legal professionals? In this instalment of my series on defensive advising strategies, I consider three aspects of KYC which are particularly relevant to lawyers, with an emphasis on the interface between solicitors and other professionals and the barristers they instruct. This perspective is based on my own experience as a practitioner and raises issues which crop up relatively frequently.’

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Wilberforce Chambers, 22nd July 2021

Source: www.wilberforce.co.uk

SRA: Number of workplace bullying investigations on the rise – Legal Futures

‘Solicitors under investigation by their regulator are increasingly citing workplace bullying as a reason for their misconduct, according to a report published yesterday.’

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Legal Futures, 23rd July 2021

Source: www.legalfutures.co.uk