High Court: CFA was a contentious business agreement – Litigation Futures

Posted November 26th, 2019 in costs, fees, news, solicitors by sally

‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’

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Litigation Futures, 26th November 2019

Source: www.litigationfutures.com

SRA suspends immigration part of new rules – Legal Futures

Posted November 25th, 2019 in immigration, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has had to suspend rules due to come into force today that would allow solicitors to operate from firms regulated by the Office of the Immigration Services Commissioner (OISC).’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

Reach for the STaRs – new solicitors’ rulebook goes live – Legal Futures

‘The Solicitors Regulation Authority’s (SRA) new rulebook – Standards and Regulations (STaRs) – comes into force today, with experts highlighting several areas of significant change and opportunity for firms.’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

Partners made “secret profit” from flight delay ATE insurance – Litigation Futures

Posted November 20th, 2019 in airlines, delay, disciplinary procedures, insurance, news, secret profits, solicitors by sally

‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 20th November 2019

Source: www.litigationfutures.com

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

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Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Solicitors urged to shorten their own witness statements – Litigation Futures

Posted November 19th, 2019 in case management, documents, news, solicitors, witnesses by sally

‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Solicitor tried to take unfair advantage of other lawyer’s error – Legal Futures

‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’

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Legal Futures, 15th November 2019

Source: www.legalfutures.co.uk

Boxer’s banker fails in negligence claim against lawyers – Legal Futures

‘A solicitor, his law firm and the barrister they instructed have been granted summary judgment on a negligence claim brought against them by a banker fired for his work with boxer David Haye.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Go to the LAA for civil contempt funding, not us – High Court – Law Society’s Gazette

Posted November 18th, 2019 in appeals, civil justice, injunctions, legal aid, litigants in person, news, solicitors by sally

‘Litigants in person and solicitors should go through the Legal Aid Agency, not the High Court, for public funding in civil contempt proceedings, a judge has said in a bid to clear up confusion over who has the power to grant legal aid.’

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Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Solicitors “need to get out more” to boost profession’s image – Legal Futures

Posted November 13th, 2019 in legal education, legal profession, news, pupillage, solicitors by sally

‘Sixteen-year-olds have been invited to compete in a competition aimed at educating them about the work of a solicitor and testing their aptitude, with the winner receiving financial support to become one.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

Approval of SQE not a foregone conclusion, LSB warns – Legal Futures

‘Approval of the Solicitors Qualifying Examination (SQE) is not a foregone conclusion, the Legal Services Board (LSB) is to make clear to the Solicitors Regulation Authority (SRA).’

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Legal Futures, 12th November 2019

Source: www.legalfutures.co.uk

Speech by Mrs Justice Carr DBE: Women in Commercial Law – Courts and Tribunals Judiciary

‘Speech by Mrs Justice Carr DBE: Women in Commercial Law.’

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Courts and Tribunals Judiciary, 6th November 2019

Source: www.judiciary.uk

The new SRA Standards and Regulations: Greater freedom for solicitors? – 4 New Square

‘In this article, Helen Evans and Clare Dixon of 4 New Square review whether the new principles, codes of conduct and disciplinary procedure rules wholeheartedly reflect a relaxation of the SRA’s grip, or whether competing forces are apparent. They also consider whether one of the unintended consequence of some of the liberalisation is to introduce a two-tier regulatory system for solicitors practising within regulated entities (such as firms) and those outside that structure. Finally, they reflect on the likely impact of the new rules and relaxed burden of proof on the troublesome issues of dishonesty and lack of integrity- an issue that the Divisional Court was still picking apart as recently as last week in the matter of SRA v Siaw.’

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4 New Square, 21st October 2019

Source: www.4newsquare.com

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Conveyancers “need not fear” home buying shake-up – Legal Futures

Posted October 30th, 2019 in conveyancing, documents, estate agents, housing, news, solicitors by sally

‘A “single source of truth” that contains all the information about a property before it goes on the market is in the works as part of plans to speed up the home buying and selling process, it has emerged.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Introduction to the SRA’s 2019 Standards and Regulations – 4 New Square

Posted October 29th, 2019 in news, regulations, solicitors, Solicitors Regulation Authority, standards by sally

‘On 25 November 2019 the SRA’s new Standards and Regulations will come into force. In many respects the substance of what is expected of the profession will remain much the same, but the new regime will see major changes to the regulations and rules through which those expectations are expressed and will be enforced. Both practising solicitors and those involved in advising them on their regulatory obligations must familiarise themselves with what will change. The aim of this series is to highlight the major changes and give some thoughts on what their implications may be.’

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4 New Square, 14th October 2019

Source: www.4newsquare.com

Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600, 2 October 2019 – Hailsham Chambers

Posted October 29th, 2019 in disclosure, news, privilege, solicitors, third parties by sally

‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’

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Hailsham Chambers, 7th October 2019

Source: www.hailshamchambers.com