Legal Aid Agency delays “no longer” a good reason to miss deadlines, CA warns – Litigation Futures

Posted December 16th, 2015 in appeals, delay, legal aid, news, solicitors by sally

‘Solicitors who miss deadlines because they are waiting for a Legal Aid Agency funding decision can no longer rely on this alone as grounds to apply for an extension of time, the Court of Appeal has ruled.’

Full story

Litigation Futures, 15th December 2015

Source: www.litigationfutures.com

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

SRA to research competence of personal injury lawyers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to launch a research project on the “competence” of personal injury lawyers, it has emerged.’

Full story

Legal Futures, 4th December 2015

Source: www.legalfutures.co.uk

Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs – Litigation Futures

Posted December 3rd, 2015 in appeals, costs, fees, insurance, news, solicitors, third parties by tracey

‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’

Full story

Litigation Futures, 3rd December 2015

Source: www.litigationfutures.com

Ministers eye making legal regulators independent from professional bodies – Local Government Lawyer

Posted December 1st, 2015 in barristers, consultations, legal profession, news, solicitors by tracey

‘The Government will consult by Spring 2016 on making legal services regulators independent from their representative bodies, ministers have said. The Treasury and the Department for Business, Innovation & Skills said in a 25-page paper, A better deal: boosting competition to bring down bills for families and firms, said the consultation would also cover the removal of barriers so that it becomes easier for alternative business structures, such as supermarkets and estate agents, to offer legal services like conveyancing, probate and litigation in England and Wales.’

Full story

Full paper

Local Government Lawyer, 30th November 2015

Source: www.localgovernmentlawyer.co.uk

LSB joins solicitors in questioning government’s criminal advocacy plans – Legal Futures

Posted December 1st, 2015 in advocacy, consultations, criminal justice, Legal Services Board, news, solicitors by tracey

‘The Legal Services Board (LSB) has joined solicitors in questioning government plans to introduce additional regulation of criminal advocacy.’

Full story

Legal Futures, 1st December 2015

Source: www.legalfutures.co.uk

Profession set on collision course with government over independent regulation – Legal Futures

‘The government should return regulation to the legal profession’s representative bodies, rather than introduce full separation, the Law Society has said in response to yesterday’s surprise announcement from the Treasury that separation is now on the cards.’

Full story

Legal Futures, 1st December 2015

Source: www.legalfutures.co.uk

High Court judge castigates senior property partner “who cut corners all the time” – Legal Futures

Posted November 30th, 2015 in negligence, news, solicitors, witnesses by sally

‘A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”.’

Full story

Legal Futures, 30th November 2015

Source: www.legalfutures.co.uk

Legal profession welcomes unbundling decision – Law Society’s Gazette

Posted November 25th, 2015 in appeals, budgets, duty of care, fees, legal aid, negligence, news, personal injuries, solicitors by sally

‘Court of Appeal ruling that solicitors may offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer has been widely welcomed by the profession. ‘

Full story

Law Society’s Gazette, 23rd November 2015

Source: www.lawgazette.co.uk

Court of Appeal: costs judges have wide discretion over costs of Solicitors Act assessments – Litigation Futures

Posted November 20th, 2015 in costs, judiciary, news, solicitors by tracey

‘Costs judges have a broad discretion when considering what amount to “special circumstances” that allow them to depart from the “one-fifth” rule on the costs of a Solicitors Act assessment, the Court of Appeal has decided.’

Full story

Litigation Futures, 19th November 2015

Source: www.litigationfutures.com

Judicial review pushes back crime contracts to April – Legal Voice

‘The Ministry of Justice announced on Friday that the introduction of duty provider contracts will be pushed back from January to April 1 next year. Only the previous week, the MOJ continued to insist that despite the threat of legal challenges, the new duty provider contracts would come into force from 01 January 2016.’

Full story

Legal Voice, 16th November 2015

Source: www.legalvoice.org.uk

Court of Appeal gives explicit backing for “valuable” unbundling – Legal Futures

‘Solicitors who offer “unbundled” legal advice to help litigants deal with challenging parts of the process provide an “invaluable” service to both the court and litigants, the Court of Appeal said yesterday.’

Full story

Legal Futures, 18th November 2015

Source: www.legalfutures.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Probate manager who admitted 140 “improper withdrawals” from client accounts blamed pressure of work – Legal Futures

‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.

Full story

Legal Futures, 17th November 2015

Source: www.legalfutures.co.uk

Conveyancing solicitors acting for both sides must report crucial details to lenders, appeal judges rule – Legal Futures

Posted November 13th, 2015 in conveyancing, disclosure, mortgages, news, solicitors, valuation by tracey

‘Solicitors acting for both sides in property transactions are under a duty to disclose crucial details to lenders, the Court of Appeal has ruled..’

Full story

Legal Futures, 13th November 2015

Source: www.legalfutures.co.uk

Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

Full story

No. 5 Chambers, 8th October 2015

Source: www.no5.com

Pro bono charity reports surge in volunteer lawyers – Law Society’s Gazette

Posted November 12th, 2015 in charities, law centres, news, pro bono work, reports, solicitors by sally

‘Qualified solicitors and barristers made up more than three-quarters of a surge in volunteer lawyers last year, according to pro bono charity LawWorks’ latest annual report.’

Full story

Law Society’s Gazette, 11th November 2015

Source: www.lawgazette.co.uk

Legal Aid Cuts: The Solicitors’ Verdict – BBC Law in Action

Posted November 10th, 2015 in criminal justice, law firms, legal aid, news, solicitors by sally

‘Solicitors are in uproar over government changes to the criminal legal aid system. The budget has been slashed by 17.5 per cent and the number of firms eligible to provide duty solicitors to represent clients at police stations has been reduced from 1600 to just over 500.’

Listen

BBC Law in Action, 3rd November 2015

Source: www.bbc.co.uk

Crown courts in England and Wales ‘chaotic and archaic’ – BBC News

Posted November 4th, 2015 in barristers, criminal justice, Crown Court, delay, news, reports, solicitors, victims, witnesses by sally

‘Victims and witnesses are often left marginalised in a court system that is “archaic” and “chaotic”, a report by the Criminal Justice Alliance has said.’

Full story

BBC News, 4th November 2015

Source: www.bbc.co.uk

Professional Negligence: Let the Client Decide what matters – 36 Bedford Row Property Blog

‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’

Full story

36 Bedford Row Property Blog, 27th October 2015

Source: www.36property.co.uk