Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers

‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

SRA shuts down law firm referred by Court of Appeal after it revoked £500,000 costs order – Legal Futures

‘A law firm referred to the Solicitors Regulation Authority (SRA) by the Court of Appeal earlier this year has been shut down by the regulator.’

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Legal Futures, 4th July 2017

Source: www.legalfutures.co.uk

Solicitor who took client data to new firm without consent rebuked and fined – Legal Futures

‘A London solicitor who took confidential information from defunct London firm Davenport Lyons (DL) to his new employer without client consent has been rebuked and fined £2,000 by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 26th June 2017

Source: www.legalfutures.co.uk

Solicitors’ LLP not a litigant in person when acting for itself in proceedings, Court of Appeal says – Litigation Futures

‘A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held.’

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Litigation Futures, 26th June 2017

Source: www.litigationfutures.com

Honesty, integrity and pleading / putting allegations – UK Police Law Blog

‘The debate on whether there is a difference between honesty and integrity continues apace in Rhys Williams v Solicitors Regulatory Authority [2017] EWHC 1478 (Admin). I expressed my opinion here that there was a material difference between the two and that the decision of Mostyn J in Malins v Solicitors Regulatory Authority [2017] EWHC 835 (Admin), that the two were synonymous, was not correct – at least for the purposes of the Police (Conduct) Regulations 2012. The Divisional Court (the President of the QBD presiding) has now similarly deprecated it.’

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UK Police Law Blog, 21st June 2017

Source: ukpolicelawblog.com

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

The ‘diva of divorce’ for the world’s super rich – BBC News

Posted June 20th, 2017 in divorce, law firms, news, solicitors, women by sally

‘If you ever spy your wife or husband in discussion with Ayesha Vardag you might need to panic.’

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BBC News, 19th June 2017

Source: www.bbc.co.uk

SRA presses ahead with seven-page code of conduct and solicitors practising in unregulated firms – Legal Futures

Posted June 14th, 2017 in news, privilege, professional conduct, solicitors by tracey

‘The Solicitors Regulation Authority (SRA) is to press ahead with allowing practising solicitors to deliver unreserved services to the public from unregulated organisations, as part of a radical shake-up of the way it oversees the profession.’

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Legal Futures, 13th June 2017

Source: www.legalfutures.co.uk

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Rule 44. 11 – Court’s powers in relation to misconduct – 4 KBW

‘Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings the court may disallow all or part of the costs which are being assessed or order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur. The misconduct extends to the legal representative of a party as well as to the party personally and includes both summary assessment and detailed assessment proceedings and refers to any failure to comply with the provisions of Part 47 and any direction, rule, practice direction or court order.’

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4 KBW, 2nd June 2017

Source: www.4kbw.net

Pro bono legal advice panel for victims of London attack – Law Society

Posted June 7th, 2017 in charities, law firms, Law Society, London, news, pro bono work, solicitors, terrorism by sally

‘People bereaved and injured following the attack on London Bridge will be offered free legal advice through a panel of solicitor firms to be convened by the Law Society of England and Wales with LawWorks, the solicitors’ pro bono charity, and the City of London Law Society.’

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Law Society, 6th June 2017

Source: www.lawsociety.org.uk

Solicitor fined for making false claims in litigation “while suffering mental illness” – Litigation Futures

‘A solicitor has been fined £7,500 for making false claims about being in possession of documents in personal injury cases – misconduct which a psychiatrist attributed to an illness that temporarily affected her ability to work.’

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Litigation Futures, 7th June 2017

Source: www.litigationfutures.com

Law Society publishes first slavery and human trafficking statement – Legal Futures

Posted June 6th, 2017 in contracts, law firms, news, solicitors, trafficking in human beings by tracey

‘The Law Society has issued its first slavery and human trafficking statement, in compliance with the Modern Slavery Act 2015, emphasising its commitment to ensuring that “such practices have no place within its supply chain or other activities”.’

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Legal Futures, 6th June 2017

Source: www.legalfutures.co.uk

Solicitors warned: explain delays or expect default judgment – Law Society’s Gazette

Posted June 6th, 2017 in default judgments, delay, news, solicitors by tracey

‘A High Court judge has served notice on solicitors to ensure they meet litigation deadlines by serving a default judgment against a party that failed to explain delays.’

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Law Society's Gazette, 6th June 2017

Source: www.lawgazette.co.uk

Solicitors lose claim over losses caused by tax mitigation schemes – Legal Futures

Posted June 5th, 2017 in accountants, law firms, negligence, news, solicitors, tax avoidance by tracey

‘Partners at a leading personal injury law firm have lost a professional negligence action against the accountants who recommended they sign up to two ultimately unsuccessful tax mitigation schemes.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Lawyers make the grade in BAME ‘power lists’ – Law Society’s Gazette

Posted June 1st, 2017 in diversity, equality, law firms, legal profession, news, solicitors by sally

‘Eight lawyers including six magic circle partners have been named in a power list celebrating the best BAME (black, Asian and minority ethnic) business leaders.’

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Law Society's Gazette, 30th May 2017

Source: www.lawgazette.co.uk

Outcry over proposals for late night and early morning court sittings – The Guardian

Posted June 1st, 2017 in barristers, courts, legal profession, news, pilot schemes, solicitors by sally

‘Plans to launch a pilot programme of flexible early morning and evening courts from next month are encountering growing opposition from lawyers.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Protecting the cost of clients’ initial disbursements – Litigation Futures

Posted June 1st, 2017 in civil justice, costs, insurance, news, solicitors by sally

‘The overwhelming majority of solicitors understand the need to offer their clients financial protection during the course of litigation, however, often the inclination is to assist in safeguarding their client’s financial risk is generally befitting when it comes to Issuing Proceedings. At this juncture it becomes appropriate to make a recommendation of the possibility in obtaining After the Event Insurance.’

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Litigation Futures, 31st May 2017

Source: www.litigationfutures.com