Warning over fall-out from witness statement crackdown – Litigation Futures

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

Fine for barrister who took 15 months to pay fine – Legal Futures

‘An unregistered barrister and solicitor who took 15 months to pay a £500 fine levied by the Bar Standards Board (BSB) has been reprimanded – and ordered to pay another £500.’

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Legal Futures, 15th April 2020

Source: www.legalfutures.co.uk

‘Too scared to speak out’: young legal aid lawyers highlight Covid-19 pressures – Law Society’s Gazette

Posted April 9th, 2020 in coronavirus, legal aid, legal profession, news, solicitors, standards by sally

‘Furloughed but asked to work, starting work at 5am, prevented from working from home despite living with vulnerable parents – these are some of the shocking stories to emerge from a survey of junior legal aid lawyers.’

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Law Society's Gazette, 9th April 2020

Source: www.lawgazette.co.uk

Junior solicitor who lied about lost documents struck off – Legal Futures

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Tribunal rejects SRA deal with flight delay solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of rejecting an agreement between the Solicitors Regulation Authority (SRA) and a solicitor who broke the rules through his involvement with flight delay compensation claims.’

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Legal Futures, 7th April 2020

Source: www.legalfutures.co.uk

MoJ offers some financial support for legal aid firms – Legal Futures

‘The Ministry of Justice (MoJ) has introduced economic help for legal aid firms, making hardship payments easier to access and pausing debt repayments to the Legal Aid Agency (LAA).’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk

Accountant severely reprimanded over SRA report – Legal Futures

‘An accountant found to have “improperly” issued a report to the Solicitors Regulation Authority (SRA) about a law firm has been severely reprimanded by his regulator.’An accountant found to have “improperly” issued a report to the Solicitors Regulation Authority (SRA) about a law firm has been severely reprimanded by his regulator.’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

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New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers

‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

In-house lawyer facilitated sham £16m property schemes – Legal Futures

‘A solicitor who acted as head of legal and a “puppet director” for a variety of companies involved in sham £16m property schemes has been struck off.’

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Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Privately educated lawyers dominate corporate work – Legal Futures

‘The proportion of solicitors who attended state schools is creeping upwards, but those who went to fee-paying schools dominate corporate work, according to the Solicitors Regulation Authority (SRA).’

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Legal Futures, 31st March 2020

Source: www.legalfutures.co.uk

SRA relaxes assessment rules for students and trainees – Legal Futures

‘The Solicitors Regulation Authority (SRA) has today outlined a significant relaxation of its rules for law students and trainees to allow their assessment to go online.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

“Grossly negligent” partner suspended over missing $2.2m – Legal Futures

‘A “grossly negligent” salaried partner has been suspended for a year after $2.2m in escrow monies belonging to the other party in a deal was “dissipated in a series of unauthorised transactions”.’

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Legal Futures, 27th March 2020

Source: www.legalfutures.co.uk

Lord Chancellor praises lawyers’ “heroic” efforts – Legal Futures

‘The Lord Chancellor Robert Buckland yesterday praised lawyers for their “heroic efforts” in trying to keep trials going during the coronavirus pandemic.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

Calls to protect criminal solicitors, pupils and LPC students – Legal Futures

‘Criminal defence solicitors in London yesterday threatened to stop attending police stations and a protocol to protect pupil barristers was published among efforts to protect the profession during the coronarivus pandemic.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

SRA will take “pragmatic” approach to breaches during pandemic – Legal Futures

‘The Solicitors Regulation Authority (SRA) has finally issued guidance to those it regulates on dealing with the coronavirus, stressing it will be “pragmatic” when taking action over rule breaches related to the pandemic.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

Legal aid fraud trial stopped as barristers self-isolate – Legal Futures

Posted March 24th, 2020 in barristers, coronavirus, delay, fraud, health, legal aid, live link evidence, news, solicitors by sally

‘The trial of nine lawyers over an alleged plot to scam £11m from the legal aid system was abandoned last Friday after several counsel withdrew to self-isolate.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

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Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Consumer panel urges more fixed fees and SRA fining powers – Legal Futures

‘More use of fixed fees and an increase in the Solicitors Regulation Authority’s (SRA) fining powers are among recommendations made today by the Legal Services Consumer Panel.’

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Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk