Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by tracey

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by tracey

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

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Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Phasing in new legislation – Law Society’s Gazette

‘The major piece of criminal law legislation for 2014 is the Anti-Social Behaviour, Crime and Policing Act. It has been brought gradually into force throughout the year.’

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Law Society’s Gazette, 3rd November 2014

Source: www.lawgazette.co.uk

Service by the courts – Law Society’s Gazette

‘A recent case provides clarification and guidance on the issue of service by the courts in contravention of the claimant’s instructions.’

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Law Society’s Gazette, 27th October 2014

Source: www.lawgazette.co.uk

Will scrapping the CPD requirement reduce the quality of lawyers? – The Futures of Law

‘The Solicitors Regulation Authority (SRA) has pledged to scrap its requirement for solicitors to complete 16 hours of continuing professional development (CPD), describing its existing system as little more than a “box ticking” exercise. The SRA believes revoking the current system will provide greater flexibility, but Nicholas Lakeland, partner and head of the employment and pensions team at Silverman Sherliker LLP, fears it may well lead to a real reduction in training.’

Full story

The Future of Law, 22nd October 2014

Source: www.blogs.lexisnexis.co.uk

High Court demonstrates more merciful relief regime – Litigation Futures

Posted October 22nd, 2014 in negligence, news, sanctions, solicitors by sally

The High Court has given a clear demonstration of the more forgiving post-Denton environment by granting relief from sanctions where the defaulting party admitted it had no good reason for its failure.

Full story

Litigation Futures, 22nd October 2014

Source: www.litigationfutures.com

Public Access Work For The Young Bar – No. 5 Chambers

Posted October 15th, 2014 in advocacy, barristers, legal profession, news, solicitors by sally

‘“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinvention of the wheel or an opportunity for all lawyers? The work that barristers can now do is utterly different from a decade ago. The growth of McKenzie friends shows the legal landscape has been affected by financial constrictions and widening consumer choice. Solicitors have higher rights of audience and employed barristers can be advocates. Professionals from both sides wonder whether there is still a real difference. The answer currently is that there remain significant differences though the edges are becoming blurred. This article will not examine those differences or likely future of the professions. Instead it offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.’

Full story

No. 5 Chambers, 2nd October 2014

Source: www.no5.com

Pilot jailed for £30m mortgage fraud – BBC News

Posted October 15th, 2014 in accountants, conspiracy, fraud, mortgages, news, sentencing, solicitors by sally

‘A former Virgin Atlantic pilot has been jailed for 14 years for committing a £30m mortgage fraud in Berkshire.’

Full story

BBC News, 14th October 2014

Source: www.bbc.co.uk

BSB probes contracts between chambers and solicitors – Legal Futures

Posted October 14th, 2014 in barristers, codes of practice, complaints, contracts, news, solicitors by sally

‘The Bar Standards Board (BSB) is investigating the extent to which barristers have been accepting work from solicitors without entering into contracts, or accepting terms “contrary to their regulatory obligations”.’

Full story

Legal Futures, 14th October 2014

Source: www.legalfutures.co.uk

Virgin pilot jailed for £30 million mortgage fraud – Daily Telegraph

Posted October 14th, 2014 in accountants, conspiracy, corruption, fraud, gambling, news, solicitors by sally

‘A former Virgin Atlantic pilot who blew a fortune on the gaming tables of Las Vegas has been jailed for 14-years after being convicted of orchestrating an audacious £30 million mortgage fraud.’

Full story

Daily Telegraph, 13th October 2014

Source: www.telegraph.co.uk

Court lifts £1.6m freezing order against City solicitor – Law Society’s Gazette

Posted October 10th, 2014 in fiduciary duty, fraud, freezing injunctions, news, solicitors by sally

‘The High Court has lifted a £1.6m freezing order against a solicitor after declaring that it was based ‘on the flimsiest foundations’.’

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Law Society’s Gazette, 9th October 2014

Source: www.lawgazette.co.uk

The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

Full story

Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’

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Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

Top town hall lawyer who praised Hitler keeps his job – Daily Telegraph

Posted September 30th, 2014 in employment tribunals, local government, news, race discrimination, solicitors by tracey

‘A top town hall lawyer is to keep his job despite praising Hitler, winning the nickname “Piggy Eyes” because of the way he ogled women, and making up “inappropriate” nicknames for staff.’

Full story

Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

Open Consultation – Transforming legal aid: crime duty contracts – Ministry of Justice

Posted September 29th, 2014 in consultations, contracts, Law Society, legal aid, Ministry of Justice, solicitors by tracey

‘A consultation on reports undertaken by Otterburn Legal Consulting and KPMG in relation to the proposed duty work contracts for criminal legal aid services.’

Full consultation

Ministry of Justice, 24th September

Source: https://www.gov.uk/government/organisations/ministry-of-justice