Legal Ombudsman and complaints about claims management companies – consultation on the fees framework – Ministry of Justice

Posted May 8th, 2014 in claims management, complaints, consultations, fees, legal ombudsman by sally

‘In August 2012 the Government announced its intention for customers’ complaints about poor service provided by authorised claims management companies to be dealt with by the Legal Ombudsman. The Legal Ombudsman will provide a new avenue of redress for clients of claims management companies and will assist the Claims Management Regulator in driving out poor standards and practices in the market.

This paper sets out for consultation proposals as to how the costs the Legal Ombudsman will incur in dealing with complaints about authorised claims management companies may be recovered from the authorised claims management industry.’

Full consultation

Ministry of Justice, 7th May 2014

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

Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

Full story

UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

Full story

Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

Operation Cotton – what next? – Halsbury’s Law Exchange

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

Full story

Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

Statement from Bar Leaders on Very High Costs Cases – The Bar Council

Posted May 2nd, 2014 in barristers, contracts, costs, fees, press releases by sally

‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”

Full press release

The Bar Council, 1st May 2014

Source: www.barcouncil.org.uk

Barristers’ legal aid rebellion ‘risks collapse’ of top fraud cases – The Guardian

Posted May 2nd, 2014 in barristers, budgets, fees, fraud, legal aid, news, trials by sally

‘A series of high-profile fraud prosecutions are at risk of collapse after a crown court judge halted a trial because specialist barristers are refusing to represent defendants in protest at 30% cuts in legal aid fees.’

Full story

The Guardian, 1st May 2014

Source: www.guardian.co.uk

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple – The Inner Temple

Posted May 1st, 2014 in barristers, consultations, fees, inns of court, news by sally

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple (PDF)

The Inner Temple, April 2014

Source: www.innertemple.org.uk

Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

Full story

UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

High Court overturns “unlawful” Legal Ombudsman decision to cut firm’s fees – Legal Futures

Posted April 22nd, 2014 in appeals, compensation, fees, law firms, legal ombudsman, news by sally

‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’

Full story

Legal Futures, 22nd April 2014

Source: www.legalfutures.co.uk

‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

Full story

Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

Full story

Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Changes to UK laws aim to further curb number of cases going to employment tribunal – OUT-LAW.com

Posted April 8th, 2014 in arbitration, dispute resolution, employment tribunals, fees, news by sally

‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’

Full story

OUT-LAW.com, 7th April 2014

Source: www.out-law.com

Government confirms court fees increase within weeks – Law Society’s Gazette

Posted April 3rd, 2014 in civil justice, consultations, courts, fees, news by sally

‘The Ministry of Justice has confirmed it will go ahead with a series of changes to court fees from 22 April.’

Full story

Law Society’s Gazette, 2nd April 2014

Source: www.lawgazette.co.uk

Domestic violence victims helped as injunction fees are scrapped – Ministry of Justice

Posted April 2nd, 2014 in civil justice, consultations, domestic violence, fees, injunctions, news by sally

‘Vulnerable domestic abuse victims will be helped by the scrapping of fees for domestic violence injunctions, Courts Minister Shailesh Vara has announced.’

Full story

Ministry of Justice, 1st April 2014

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

Legal aid cuts: six lawyers on why they will damage our justice system – The Guardian

‘Why have lawyers taken to the streets to protest against legal aid cuts? Self-interest or because they care about the havoc they see being wrought on our legal system?’

Full story

The Guardian, 1st April 2014

Source: www.guardian.co.uk

Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

More chambers criticise legal aid deal as BSB consults on returning instructions – Legal Futures

Posted March 31st, 2014 in barristers, budgets, consultations, fees, legal aid, news, solicitors by sally

‘More chambers have come out in open criticism of the Criminal Bar Association (CBA) and Bar Council’s deal with the government over legal aid last week.’

Full story

Legal Futures, 31st March 2014

Source: www.legalfutures.co.uk

Barristers call off walkout after legal aid cuts suspended – The Guardian

Posted March 28th, 2014 in barristers, budgets, criminal justice, fees, industrial action, legal aid, news by sally

‘Criminal barristers have called off their industrial action over legal aid payments after reaching a deal with the Ministry of Justice to suspend cuts until after the next general election.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk