All Law Gazette articles in Archive – Page 1280
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News
APIL rejoins talks on extending fixed fees regime
The Association of Personal Injury lawyers has rejoined talks on extending the fixed fees regime in personal injury cases.APIL had walked out of the talks last month in an unprecedented move for the organisation. The Civil Justice Council is conducting a mediation process to produce industry-agreed ...
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Code of Conduct - several important areas in need of greater clarity
by Tony Guise, partner at Guise and a member of the Solicitors Assistance Scheme and the duty solicitor rota at the Solicitors Disciplinary Tribunal Though the new Code of Conduct has been updated, it is still unclear in its wording and could lead unwary solicitors into ...
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Recession litigation boom fails to arrive
City litigators have been ‘surprised’ that an expected wave of post-credit crunch disputes has not yet materialised, according to two groups monitoring financial services litigation and dispute resolution.
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Art of law
The Law Society art group has thrown down an interesting challenge to solicitors. The group has been going since 1958 (see Memory Lane) and next January, to celebrate its 50th anniversary (okay, perhaps they are better at painting than maths) the group’s annual exhibition will take the theme of ‘legal ...
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Aspiring will-writing regulator's colourful past revealed
A new will-writing organisation is lobbying the Legal Services Board for will writing to become a regulated activity and, if successful, will apply to become a will-writing regulator. The company behind the Fellowship of Professional Willwriters and Probate Practitioners (FPWPP), which launched this week, has previously ...
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Fixed fees rate cuts will drive profession away, say family lawyers
Family law groups have warned that new fixed fees which will slash legal aid rates for some private law cases by up to 50% will drive lawyers away from legal aid and undermine access to justice. The Ministry of Justice (MoJ) published the new fee structures ...
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Recession to blame for rise in law firm investigations
Regulatory investigations into law firms have increased steadily over the lifetime of the Solicitors Regulation Authority, parliamentary statistics show. SRA figures requested by justice minister Bridget Prentice in answer to a parliamentary question show that the SRA handled an average of 574 cases per month in ...
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Top solicitor jailed for cash theft
A former deputy coroner and high-profile probate solicitor has been jailed for stealing more than £43,000 from a charitable trust. Alan Benstock, 51, a former deputy coroner for West Yorkshire and former vice-chairman of the Law Society’s probate section, was sentenced to 22 months for thefts ...
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Conveyancers must enact 'radical' change to survive, says Chancery Lane
The Law Society has warned conveyancing solicitors that they will need to consider ‘radical’ change – such as increasing their liability – to ensure they retain a ‘sustainable commercial role’ in the property market. Pledging Chancery Lane’s support for conveyancing solicitors, chief executive Des Hudson questioned ...
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Lovells moves closer to transatlantic merger
City firm Lovells and US firm Hogan & Hartson moved closer to a transatlantic merger today as management at each firm agreed to recommend the tie-up to partners. Information on the proposed merger will be sent to partners at each firm late next week, before a ...
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Transport secretary grilled over Freshields fees in Metronet collapse
Legal and professional advisory fees were cast into the spotlight as MPs picked over the bones of Metronet, the collapsed London Underground upgrade consortium whose failure cost the taxpayer up to £410m, at a public accounts committee hearing last week. Magic circle firm Freshfields was the ...
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European Commission criticises lawyers over lobbying
Law firms that carry out EU lobbying work have been criticised by the European Commission for failing to enter their clients’ names on its voluntary lobbying register. The commission said that law firms, in arguing that they would breach professional conduct rules by revealing clients’ names, ...
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Immigration and turning up to court
While thumbing through previous copies of the Gazette I found an article from 4 June 2009 which stated that a defendant had escaped confiscation proceedings because she was unable to find an advocate who was willing to represent her under the legal aid rate. This article emphasised the importance of ...
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Lending credibility
I write on behalf of the Council of Mortgage Lenders in response to Alan Tunkel’s letter (see [2009] Gazette, 1 October, 9). Mr Tunkel states that ‘over the last decade or so the CML has imposed on solicitors who sign certificates of title ever-increasing obligations’.
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Employment
Employers’ duties – Honest belief – Strict liability – Transfer of undertakings Royal Mail Group Ltd v Communication Workers Union: CA (Civ Div) (Lords Justice Waller, Hughes, Rimer): 14 October 2009 ...
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LPA error
The Office of the Public Guardian (OPG) has confirmed that on 1 October their website contained an error in the Property and Financial Affairs Lasting Power of Attorney (LPA), where there was an incorrect additional part C (for the attorney to sign) included in the downloaded document.
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A touch of Frostrup
A sprinkle of stardust descended on last Thursday’s boisterous and extremely well-attended (recession, what recession?) Law Society Excellence Awards at the Royal Horticultural Halls in London. No, not in the person of the BBC broadcaster Mishal Husain, who conducted proceedings with consummate aplomb. An even brighter star was present, the ...
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Gag ladies
David Mosey is not the only solicitor to be involved in a shameless publicity stunt this week (see Mott on the landscape). Jeanette Miller, co-founder of Manchester firm Geoffrey Miller, gave staff a surprise earlier this month when she asked them to put on gags and go out into the ...
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Probate: privileged wills and not-so-helpful help
Just how unusual it is to have a modern case on privileged wills is, perhaps, indicated by the comment of judge Peter Langan at the start of his judgment in Re Estate of Ashley Edward Servoz-Gavin, deceased 14 September 2009: ‘The case has involved a forensic journey on a path ...
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Human rights record
Jason McCue of H20 Law became the third human rights lawyer in three years to be named practising Solicitor of the Year in the annual Law Society Excellence Awards. McCue followed in the footsteps of Phil Shiner, who won the accolade in the inaugural year ...