The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

GCHQ accused of monitoring privileged emails between lawyers and clients – The Guardian

“GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.”

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The Guardian, 13th October 2013

Source: www.guardian.co.uk

SRA responds to education review with ​‘bonfire of regulations’ – Law Society’s Gazette

Posted October 10th, 2013 in consultations, legal education, news, regulations, solicitors by tracey

“Radical reforms to open more diverse routes to becoming a solicitor, including through apprenticeships, are to be published by the Solicitors Regulation Authority.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk

‘Greedy’ lawyer Gareth Arnold from Cardiff jailed for fraud – BBC News

Posted October 10th, 2013 in fraud, news, sentencing, solicitors by tracey

“A solicitor has been jailed for stealing more than £200,000 from clients including one who had received compensation for brain damage.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures

Posted October 9th, 2013 in disclosure, negligence, news, sanctions, solicitors, time limits by sally

“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”

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Litigation Futures, 9th October 2013

Source: www.litigationfutures.com

High Court backs litigation funder’s decision to terminate agreement – Litigation Futures

Posted September 16th, 2013 in costs, estoppel, news, solicitors, third parties by tracey

“The High Court has ruled that a third-party litigation funder was entitled to terminate its funding in a case where the prospects of success had fallen below 60%.”

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Litigation Futures, 16th September 2013

Source: www.litigationfutures.com

Judicial Review and Legal Aid under threat… and a Human Rights Birthday – The Human Rights Roundup – UK Human Rights Blog

Posted September 9th, 2013 in human rights, judicial review, legal aid, news, solicitors by tracey

“Welcome back to the UK Human Rights Roundup, your regular Olympic opening ceremony of human rights news and views.”

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UK Human Rights Blog, 8th September 2013

Source: www.ukhumanrightsblog.com

Law firm shut down after top judge’s complaint over ‘untruthful’ asylum case – Daily Telegraph

“A law firm has been closed down after one of the country’s most senior judges asked regulators to investigate its last-minute bids to block the deportation of failed asylum seekers.”

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Daily Telegraph, 4th September 2013

Source: www.telegraph.co.uk

Grayling announces U-turn on legal aid competition plan – The Guardian

Posted September 5th, 2013 in competition, legal aid, news, solicitors, tenders by sally

“Plans to award legal aid contracts to the lowest bidders following criticisms it would reduce justice to a ‘factory mentality’ have been scrapped.”

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The Guardian, 5th September 2013

Source: www.guardian.co.uk

CoA to hear ‘plebgate’ costs challenge after High Court cuts libel budget – The Lawyer

Posted September 2nd, 2013 in appeals, costs, defamation, media, news, police, solicitors by sally

“The Court of Appeal will decide whether Andrew Mitchell MP can reverse a High Court decision that the cost of his libel action against The Sun should be restricted to the cost of the court fees for the claim.”

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The Lawyer, 30th August 2013

Source: www.thelawyer.com

Fall in solicitor applications to bench ‘matter of concern’ says Judge – Law Society’s Gazette

Posted September 2nd, 2013 in diversity, judiciary, minorities, news, solicitors, women by sally

“The outgoing lord chief justice has called for action to reverse a decline in the number of solicitors applying for judicial posts. In his last annual report, published today, Lord Judge says ‘it is a matter of concern’ that there has been a decrease in the proportion of successful candidates with a professional background of solicitor.”

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Law Society’s Gazette, 30th August 2013

Source: www.lawgazette.co.uk

CA: judge should have recused himself from hearing wasted costs application – Litigation Futures

“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”

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Litigation Futures, 27th August 2013

Source: www.litigationfutures.com

BSB hopes JR will close floodgates on costs – Legal Futures

“The Bar Standards Board (BSB) is to judicially review (JR) a disciplinary tribunal decision ordering that an acquitted barrister who represented herself be paid £27,500 in costs, fearing that if it went unchallenged similar claims could follow.”

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Legal Futures, 27th August 2013

Source: www.legalfutures.co.uk

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by tracey

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

Solicitor who ignored LeO fined for contempt – Solicitors Journal

Posted August 15th, 2013 in case management, contempt of court, fines, legal ombudsman, news, solicitors by sally

“A solicitor who refused to comply with a legal ombudsman decision to return files to a client has been fined £5,000 for contempt by a county court.”

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Solicitors Journal, 14th August 2013

Source: www.solicitorsjournal.com

Investigate law firm after ‘untruthful’ asylum case, says top judge – Daily Telegraph

“One of the country’s most senior judges has asked a legal regulator to consider striking off a law firm over its last-minute bids to block the deportation of failed asylum seekers.”

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Daily Telegraph, 8th August 2013

Source: www.telegraph.co.uk

High Court asks SRA to consider firm’s fitness to practise after contempt ruling – Legal Futures

“The incoming Lord Chief Justice has asked the Solicitors Regulation Authority (SRA) to consider a law firm’s continuing fitness to practise having found its senior partner in contempt of court.”

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Legal Futures, 9th August 2013

Source: www.legalfutures.co.uk

Solicitors, giving independent advice, and exposure to claims for negligence incurred thereby – Sovereign Chambers

Posted July 31st, 2013 in duty of care, legal profession, negligence, news, solicitors, undue influence by sally

“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”

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Sovereign Chambers, 30th July 2013

Source: www.sovereignchambers.co.uk

Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily

Regina (S and others) v Chief Constable of the British Transport Police [2013] EWHC 2189 (Admin); [2013] WLR (D) 312

“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”

WLR Daily, 23rd July 2013

Source: www.iclr.co.uk

Making the Most of Direct Access – Criminal Law and Justice Weekly

Posted July 30th, 2013 in barristers, costs, news, solicitors by sally

“Simon Myerson QC explains the benefits of a web site bringing barristers and the public together.”

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Criminal Law and Justice Weekly, 27th July 2013

Source: www.criminallawandjustice.co.uk