Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

Law firm closures up again after surge in rule breaches – Legal Futures

‘The number of law firms closed by the Solicitors Regulation Authority (SRA) rose by 35% last year to 50, it has emerged.’

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Legal Futures, 15th August 2018

Source: www.legalfutures.co.uk

Bogus lawyer convicted for second time – Legal Futures

‘A man has pleaded guilty to five counts of providing unqualified immigration advice and services, some 13 years after an identical conviction.’

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Legal Futures, 14th August 2018

Source: www.legalfutures.co.uk

Solicitors convicted of GBH and expenses fraud struck off – Legal Futures

Posted August 13th, 2018 in disciplinary procedures, expenses, fraud, grievous bodily harm, news, solicitors by sally

‘Solicitors convicted separately of head-butting another parent at a children’s rugby match and making fraudulent expenses claims to the Crown Prosecution Service (CPS) have both been struck off.’

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Legal Futures, 13th August 2018

Source: www.legalfutures.co.uk

Vexatious ex-solicitor “said first thing that came into her head” – Legal Futures

Posted August 10th, 2018 in drafting, news, solicitors, vexatious litigants, wills, witnesses by sally

‘A struck-off solicitor called to give evidence over a will she drafted often said “the first thing that came into her without reflecting on whether it was correct”, the High Court has found.’

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Legal Futures, 9th August 2018

Source: www.legalfutures.co.uk

SRA outlines new concerns around holiday sickness claims – Legal Futures

‘More types of poor conduct by claimant solicitors in the holiday sickness market have been uncovered, their regulator has warned.’

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Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Overheard pub talk “showed solicitor’s redundancy was bogus” – Legal Futures

‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’

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Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Divisional Court strikes down irrational and unfairly made decision to cut criminal legal aid – Blackstone Chambers

Posted August 9th, 2018 in budgets, criminal justice, judicial review, legal aid, news, solicitors by sally

‘A Divisional Court comprising Lord Justice Leggatt And Mrs Justice Carr DBE has allowed a judicial review challenge brought by the Law Society to a decision made by the Lord Chancellor to introduce a 40% cut to the maximum number of pages of prosecution evidence (‘PPE’) that count for payment of criminal defence solicitors. The regulations that introduced the cut will be quashed (p.143 of the judgment).’

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Blackstone Chambers, 3rd August 2018

Source: www.blackstonechambers.com

Left Holding The Baby – Hardwicke Chambers

Posted August 9th, 2018 in agency, identity fraud, news, solicitors, warranties by sally

‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’

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Hardwicke Chambers, 31st July 2018

Source: www.hardwicke.co.uk

“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers

‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’

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Hardwicke Chambers, 12th July 2018

Source: www.hardwicke.co.uk

Yorkshire solicitor suspended for Twitter rants – Law Society’s Gazette

Posted August 8th, 2018 in disciplinary procedures, internet, news, solicitors by tracey

‘A law firm partner who sent a series of offensive messages about various religions has been suspended from practising for 18 months.”

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

Serious injury solicitors question judgement of barristers, case managers and even families – Litigation Futures

Posted August 7th, 2018 in barristers, case management, news, personal injuries, solicitors by sally

‘Solicitors in serious brain injury cases often have cause to sack barristers and question whether the family is acting in the best interests of their injured relative, according to a survey.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Solicitors shouldn’t go cap in hand to judges for QC status – Law Society – Law Society’s Gazette

Posted August 6th, 2018 in news, queen's counsel, solicitors by sally

‘Applicants for QC status should not have to approach a judge for a favourable reference, the Law Society has said, suggesting that providing a list of substantial cases they had acted in would help remove the ’apparent bias’ against solicitor advocates. It was responding to a consultation by QC Appointments (QCA) on improving the appointments process to the historic rank.’

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

Legal Aid Fee Cuts To Evidence Work Have Been Declared Unlawful – Rights Info

Posted August 6th, 2018 in budgets, evidence, law firms, legal aid, news, solicitors by sally

‘Government attempts to cut legal aid fees for solicitor evidence work have declared unlawful by the high court.’

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Rights Info, 3rd August 2018

Source: rightsinfo.org

Solicitor suspended for sending offensive tweets – Legal Futures

Posted August 6th, 2018 in disciplinary procedures, internet, news, solicitors by sally

‘A senior solicitor who sent offensives tweets about Islam, Catholicism and Judaism – and also retweeted some – has been suspended from practice for 18 months.’

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Legal Futures, 6th August 2018

Source: www.legalfutures.co.uk

SRA seeks to clarify threshold for reporting misconduct – Legal Futures

‘The Solicitors Regulation Authority (SRA) is looking to clarify the threshold used by law firms when deciding whether to report concerns over misconduct.’

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Legal Futures, 2nd August 2018

Source: www.legalfutures.co.uk

Celebrity divorce lawyer backs reform of ‘archaic’ laws – BBC News

Posted August 1st, 2018 in divorce, marriage, news, solicitors by sally

‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

Time to play by the rules? – New Law Journal

‘John Gould offers some advice on how to strike a balance between clarity & flexibility in recent changes to the solicitors’ rule book.’

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New Law Journal, 27th July 2018

Source: www.newlawjournal.co.uk

Suspension for solicitor convicted of ABH against ex-boyfriend – Legal Futures

Posted July 27th, 2018 in assault, disciplinary procedures, news, solicitors by sally

‘A family law solicitor convicted of actual bodily harm after she hit her former boyfriend in the face with a glass has been suspended from practice for 15 months.’

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Legal Futures, 27th July 2018

Source: www.legalfutures.co.uk

Criminal solicitors in England and Wales challenge cut to fees – The Guardian

Posted July 18th, 2018 in criminal justice, fees, news, solicitors by tracey

‘Criminal solicitors have had their fees for reading large quantities of crown court evidence cut by up to 37% under changes imposed by the Ministry of Justice, the high court has heard.’

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The Guardian, 17th July 2018

Source: www.theguardian.com