solicitors – Page 75 – Current Awareness

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com

Lawyers forced to pay out £1m in no win, no fee disputes – The Guardian

Posted January 6th, 2014 in compensation, complaints, costs, fees, legal aid, legal ombudsman, news, solicitors by sally

‘Lawyers were ordered to pay almost £1m in compensation to disappointed clients last year owing to failures in no win, no fee agreements, according to figures released by the legal ombudsman.’

The Guardian, 6th January 2014

Source: www.guardian.co.uk

Barristers and solicitors walk out over cuts to legal aid fees – The Guardian

Posted January 6th, 2014 in barristers, budgets, fees, industrial action, legal aid, legal representation, litigants in person, news, remuneration, solicitors by sally

‘Criminal courts across England and Wales will be severely disrupted on Monday morning when barristers and solicitors stage an unprecedented mass walkout in protest at government plans to slash legal aid fees by up to 30%.’

The Guardian, 5th January 2014

Source: www.guardian.co.uk

Vote of no confidence in Society leadership passes – Legal Voice

Posted December 19th, 2013 in Law Society, legal aid, news, solicitors by sally

‘A vote of no confidence in the Law Society’s leadership over its handling of the criminal legal aid reforms has today been passed by 52% at a Special General Meeting (SGM) of the Society.’

Legal Voice, 17th December 2013

Source: www.legalvoice.org.uk

RSPCA hires former CPS lawyer to review its prosecutions policy – Daily Telegraph

Posted December 19th, 2013 in animal cruelty, charities, news, private prosecutions, solicitors by sally

‘The RSPCA has bowed to pressure from MPs and campaigners and hired a senior lawyer to carry out a £50,000 review into its controversial prosecutions policy.’

Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

Posted December 16th, 2013 in barristers, costs, divorce, fees, financial dispute resolution, judiciary, news, professional conduct, proportionality, solicitors by sally

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

Solicitor jailed after stealing £2m from his clients and their families – Daily Telegraph

Posted December 16th, 2013 in abuse of position of trust, breach of trust, coroners, elderly, fraud, news, sentencing, solicitors, theft, wills by sally

‘The victims of a corrupt solicitor and former Coroner who stole from their loved ones’ estates have been left asking how he managed to get away with it for so long.’

Daily Telegraph, 15th December 2013

Source: www.telegraph.co.uk

Corporate failure and its implications for professionals advising before insolvency – 11 Stone Buildings

Posted December 12th, 2013 in accountants, insolvency, negligence, news, professional conduct, solicitors by sally

‘Professional negligence cases frequently deal with claims that arise after an insolvency occurs. During a recent 11 SB insolvency seminar, Lexa Hilliard QC focused on problems that can arise for accountants and solicitors prior to a company entering into a formal insolvency process. This is an area that has attracted little attention but it can be full of pitfalls that we professionals ignore at our peril. In
this ‘Insider’ she summarises herthoughts on what is becoming a very topical issue.’

11 Stone Buildings, December 2013

Source: www.11sb.com

LSB says ‘yes’ to revamped costs lawyer qualification, but ‘no’ to trainee regulation – Litigation Futures

Posted December 12th, 2013 in costs, legal education, Legal Services Board, news, solicitors, trainee solicitors by sally

‘The Legal Services Board (LSB) has approved a significant revamp of the costs lawyer qualification.’

Litigation Futures, 12th December 2013

Source: www.litigationfutures.com

Misleading once? The Times lawyer, Leveson and a signal sent – Legal Week

Posted December 12th, 2013 in disciplinary procedures, disqualification, media, news, professional conduct, solicitors by sally

‘I don’t really know what to think about the outcome of the Solicitors Disciplinary Tribunal (SDT) hearing into the case of Alistair Brett, the former legal manager of The Times. Here was a man plainly admired by many in the media law world. Many watched with spine-tingling horror as his reputation disintegrated under cross-examination at the Leveson inquiry (you can still watch it online). But for that, he may well have escaped prosecution, let alone censure. It is a rare day that sees someone’s litigation tactics scrutinised under cross-examination by a QC and a Court of Appeal judge.’

Legal Week, 10th December 2013

Source: www.legalweek.com

Solicitors to join walkout over MoJ plans to cut legal aid fees by up to 30% – The Guardian

Posted December 10th, 2013 in barristers, fees, industrial action, legal aid, news, solicitors by sally

‘Criminal courts across England and Wales will be disrupted for half a day next month when thousands of solicitors join barristers in a mass walkout over government plans to cut legal aid fees by up to 30%.’

The Guardian, 6th December 2013

Source: www.guardian.co.uk

Suspension ordered for ‘win at all costs’ Times solicitor – Law Society’s Gazette

Posted December 6th, 2013 in disciplinary procedures, disqualification, electronic mail, interception, media, news, solicitors by sally

‘The Times newspaper’s former legal director is to be suspended from practising for six months from 16 December after a Solicitors Disciplinary Tribunal hearing ruled that he had knowingly allowed a court to be misled through his “win at all costs” approach.’

Law Society’s Gazette, 6th December 2013

Source: www.lawgazette.co.uk

Chambers in scrap with MoJ over reduced rates for Very High Cost Cases – The Lawyer

Posted December 4th, 2013 in barristers, costs, fees, legal aid, Ministry of Justice, news, solicitors by sally

‘A number of high profile criminal sets have clashed with the Ministry of Justice (MoJ) due to its circulation of a list of practitioners who might undertake Very High Cost Cases, which are now subject to reduced rates.’

The Lawyer, 3rd December 2013

Source: www.thelawyer.com

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’

Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian

Posted December 3rd, 2013 in disciplinary procedures, electronic mail, interception, media, news, professional conduct, solicitors, tribunals by sally

‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Newcastle International Airport Ltd v Eversheds LLP – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462

‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by sally

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

OUT-LAW.com, 28th November 2013

Source: www.out-law.com

Chancery Lane issues advice on barristers’ VHCC protest – Law Society’s Gazette

Posted November 28th, 2013 in barristers, fees, industrial action, Law Society, legal aid, news, solicitors by sally

‘Firms should treat the withdrawal of barristers from very high cost cases (VHCCs) in protest over fee cuts like any other change of legal team, the Law Society has today advised.’

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by sally

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

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