Doctor “should have been jailed for contempt” like solicitor was – Litigation Futures

Posted March 22nd, 2019 in contempt of court, doctors, news, sentencing, solicitors, suspended sentences by tracey

‘A doctor who received a suspended sentence after running a “factory” producing 32 medical reports in a day should have been jailed like the solicitor he worked with, the Court of Appeal has ruled.’

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Litigation Futures, 21st March 2019

Source: www.litigationfutures.com

Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette

Posted March 22nd, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by tracey

‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’

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Law Society's Gazette, 21st March 2019

Source: www.lawgazette.co.uk

Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures

Posted March 20th, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by sally

‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Do errant solicitors get a rougher ride than barristers at tribunal? – Law Society’s Gazette

Posted March 18th, 2019 in barristers, disciplinary procedures, news, solicitors, tribunals by tracey

‘The SDT’s “highest of expectations” and the regulator’s desire for a ‘gold standard’ mean solicitors appear to be treated more harshly than barristers and other professionals in disciplinary cases.’

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Law Society's Gazette, 18th March 2019

Source: www.lawgazette.co.uk

‘A frat-like mentality’: is the legal workplace improving for women? – The Guardian

‘Amid outcries over casual sexism and sexual harassment in the legal profession, junior lawyers share their experiences.’

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The Guardian, 14th March 2019

Source: www.theguardian.com

Solicitor “told client” to pay fees into personal bank account – Legal Futures

‘A solicitor who told a client to pay his firm’s fees into his personal bank account has been struck off by the Solicitors Disciplinary Tribunal.’

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Legal Futures, 15th March 2019

Source: www.legalfutures.co.uk

What Happens When A Solicitor Provides The Client With No Guidance As To Costs? – 39 Essex Chambers

Posted March 13th, 2019 in costs, foreign jurisdictions, murder, news, notification, solicitors by sally

‘You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. The client’s son denied any involvement.’

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39 Essex Chambers, 25th February 2019

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Solicitors using GDPR for medical records “is like patient request” – Litigation Futures

Posted March 8th, 2019 in data protection, doctors, medical records, news, solicitors by sally

‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’

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Litigation Futures, 8th March 2019

Source: www.litigationfutures.com

Addict solicitor struck off after hiding cocaine offences – Legal Futures

‘An experienced solicitor has been struck off after accepting a caution for possession of banned drugs, failing to report the conviction to the regulator, and misleading police.’

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Legal Futures, 4th March 2019

Source: www.legalfutures.co.uk

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