SDT president: Concerns over civil standard of proof “misplaced” – Legal Futures

‘Concerns over the decision of the Solicitors Disciplinary Tribunal (SDT) to move from the criminal to the civil standard of proof are “misplaced”, the tribunal’s president has said.’

Full Story

Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com

‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’

Full Story

OUT-LAW.com, 24th June 2019

Source: www.pinsentmasons.com

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’

Full Story

Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

Full Story

Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

SRA “inconsistent” on conduct cases involving mental health – Legal Futures

‘Individuals share responsibility with their firms and the regulator for mental health issues affecting misconduct, a leading professional regulation solicitor told last week’s Legal Futures Regulation and Compliance Conference.’

Full Story

Legal Futures, 12th June 2019

Source: www.legalfutures.co.uk

Legal aid: students give ‘desperate’ clients free advice – BBC News

‘A free advice clinic provided by law students has a six-month waiting list because people on low incomes struggle to get a solicitor, its director says.’

Full Story

BBC News, 13th June 2019

Source: www.bbc.co.uk

‘No man’s land’: thousands of suspects left in limbo – Law Society’s Gazette

Posted June 11th, 2019 in bail, news, solicitors, time limits by sally

‘Thousands of people have been left in “legal limbo” as a result of government reforms to pre-charge bail, which is affecting their mental health, family life and employment status, criminal defence solicitors have said.’

Full Story

Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

Suspects left in legal limbo by delays to inquiries, say solicitors – The Guardian

‘Suspects are increasingly being left in legal limbo as they are subjected to inquiries lasting years that sometimes end with the case being dropped, a survey of criminal solicitors has revealed.’

Full Story

The Guardian, 10th June 2019

Source: www.theguardian.com

Lawyers “confused by boundaries in wake of #MeToo” – Legal Futures

‘Lawyers and regulators are uncertain where the boundaries lie on misconduct in the wake of the #MeToo revelations, experts have warned.’

Full Story

Legal Futures, 10th June 2019

Source: www.legalfutures.co.uk

Mayson spells out hard choices in reforming legal regulation – Legal Futures

Posted June 7th, 2019 in barristers, legal profession, legal services, news, regulations, solicitors by sally

‘The head of the independent review of legal services regulation said yesterday that scrapping regulation based on titles like solicitor or barrister and replacing it with a system based on legal activities “might not be as straightforward as some believe”.’

Full Story

Legal Futures, 7th June 2019

Source: www.legalfutures.co.uk

Barristers twice as likely as solicitors to make bench – Law Society’s Gazette

‘Solicitors applying to be judges are half as likely to succeed as barristers, figures published by the Judicial Appointments Commission indicate.’

Full Story

Law Society's Gazette, 6th June 2019

Source: www.lawgazette.co.uk

Immigration lawyers sanctioned for ‘totally without merit’ JRs – Legal Futures

‘Two immigration lawyers who clocked up 14 judicial review applications in a single year found to be totally without merit have been fined by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Legal Futures, 5th June 2019

Source: www.legalfutures.co.uk

Law Society’s defence of NDA guidance draws heavy fire – Legal Futures

‘The Law Society’s defence of its practice note on non-disclosure agreements (NDAs) has not silenced its critics, with the leading academic in the field accusing Chancery Lane of “putting PR before principles”.’

Full Story

Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Charity pours scorn on quality of immigration detainees’ advice – Legal Futures

‘Legal representation for immigration detainees is very poor, including the quality of advice given by solicitors, according to a charity that challenges detention in removal centres and prisons.’

Full Story

Legal Futures, 4th June 2019

Source: www.legalfutures.co.uk

Graduate gets £60k payout over ‘false advertising’ claim – BBC News

Posted June 4th, 2019 in advertising, compensation, insurance, negligence, news, solicitors, universities by sally

‘A graduate who sued her university over her “Mickey Mouse” degree has received a £60,000 out-of-court settlement.’

Full Story

BBC News, 2nd June 2019

Source: www.bbc.co.uk

Criminal lawyer was “duped by fraudster” over football club deal – Legal Futures

‘A criminal law solicitor who “appeared to have been duped by a convicted fraudster” has been fined £5,000 by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Legal Futures, 4th June 2019

Source: www.legalfutures.co.uk

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’

Full Story

Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Gateley found negligent over redevelopment agreement – Legal Futures

Posted May 29th, 2019 in drafting, negligence, news, solicitors by sally

‘The High Court has found national law firm Gateley negligent in its advice to the owner of land in Nottingham that led to him missing out on some of the profits from its redevelopment.’

Full Story

Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Judge slashes solicitors’ trial costs saying: Leave the work to counsel – Law Society’s Gazette

‘A Court of Appeal judge has made clear that solicitors should not be paid for trial preparation that is capable of being dealt with by counsel.’

Full Story

Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

Judge ‘misled court in case against paedophile teacher’ – Daily telegraph

‘A judge has been accused of misleading a court and denying justice to victims of a paedophile headmaster.’

Full Story

Daily Telegraph, 23rd May 2019

Source: www.telegraph.co.uk