All Law Gazette articles in Archive – Page 1425
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News
Who says mediation is a panacea?
I have got a lot of time for Christina Blacklaws and agree with much of what she has to say about the lack of joined-up thinking in government family law policy. However, I was disappointed with the article’s headline, ‘No panacea for family problems’.
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Strength in numbers?
Does it really take the nine senior judges of the Supreme Court to decide an issue of housing law, albeit an important one (Manchester City Council v Pinnock (No.2). In the same issue of the Gazette, Lord Phillips is reported as berating the government over the ...
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Self-preservation society plea
Many of your correspondents state that the level of service provided by lending institutions is deplorable. However, of greater concern is their prospective elimination (in concert with the estate agency fraternity), of the high-street solicitor’s practice. In 1984, my then senior partner, William Heath, and I ...
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Wise words
Those (such as Obiter) who follow speeches by the master of the rolls will have noticed that the reputation of judges and lawyers, particularly in times gone by, is a common theme. At a lecture last week in honour of utilitarian philosopher Jeremy Bentham (who had a famously low opinion ...
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Ruling ‘sets precedent for thousands of asbestos cases’
A person exposed to even tiny amounts of asbestos who then contracts mesothelioma can claim compensation from those who caused the exposure, the Supreme Court has ruled. In Sienkiewicz v Greif and Knowsley Metropolitan Borough Council v Willmore, all seven judges agreed that unless reasonable steps ...
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High time to investigate insurer delay
As the Ministry of Justice wades through stakeholders' views on proposed reforms to civil litigation, there is an imperative to investigate the critical, yet largely undocumented issue, of defendant behaviour in the personal injury claims process. So far, the debate about rising costs and delays has focused solely on claimant ...
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Liberal Democrats call for legal aid impact assessments
Liberal Democrats have called for a properly funded legal aid system to be protected, as the government considers the responses to its controversial reform proposals. At their annual spring conference, the coalition partners backed plans to protect access to justice for the most vulnerable by ensuring ...
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Transport committee calls for referral arrangements to be published
Motor insurers should publish on their websites the names of law firms with which they have referral fee arrangements, and indicate the level of fees paid, a House of Commons inquiry has recommended. Policyholders should be sent this information with their insurance documents, and when claims ...
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Asbestos compensation judgment has profound implications
Following a groundbreaking move by the Supreme Court, in which the family of Dianne Willmore, who died of mesothelioma after she was exposed to asbestos, were found to be entitled to £240,000 compensation, Peter Bennett, partner at Dolmans, explores the implications of the judgment for victims of asbestos and for ...
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Damages awarded in first UK Twitter libel action
A Welsh councillor has been ordered to pay damages in what is believed to be the first libel action resulting from comments posted on Twitter. The High Court in Cardiff last week ordered Caerphilly councillor Colin Elsbury to pay £3,000 in damages, after he used the ...
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Time to challenge councils on mental health
‘I don't believe it!’ That was Victor Meldrew’s signature catchphrase. The irascible character played by Richard Wilson in the BBC sitcom One Foot in the Grave was, I concede, a past master at baffled indignation, but he was a mere tyro compared with me when ...
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Legal aid cuts 'to hit 150,000 more'
The government has underestimated the number of people who will be denied legal aid funding because of its reforms by more than 150,000, according to research published today by campaign body the Legal Action Group. LAG said the government’s prediction that 502,000 people would lose access ...
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News
High Court dismisses LSC bid to recoup £100,000
The High Court has dismissed an attempt by the Legal Services Commission to recover more than £100,000 of payments on account (PoA) to a barrister, ruling that the LSC’s delay of almost 20 years in starting the action was an abuse of process. The LSC had ...
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Solicitors warned about website clones
Lawyers are being warned by the Solicitors Regulation Authority to keep a regular watch on their websites in order to foil 'cloning' criminals. With just minor changes to a solicitor’s website – such as an almost unnoticeable change of name or contact details – internet fraudsters ...
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Don't worry about swear fees
I cannot agree with R M Napier . The reality is that swearing documents is now an anachronistic process that should be consigned to the dustbin of legal history. Few documents now need to be sworn and, where they do, it serves little purpose and is very inconvenient for ...
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Hudson issues warning on ABS crime risk
The Solicitors Regulation Authority must ensure that solicitors do not end up picking up the bill for inappropriate claims on the compensation fund made by alternative business structures, the Law Society chief executive said this week. Desmond Hudson (pictured) also warned that the SRA’s proposed rules ...
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UK Border Agency and proposals to change immigration rules
On 16 February, the UK Border Agency (UKBA) released a Statement of Intent detailing proposals to change the eligibility criteria for the Points-Based System (PBS) Tier 2 migrants and the operation of permanent limits on certain Tier 2 applications. Additionally proposals to change the criteria ...
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Taking offence at the aggressive LSC
Solicitors who allege that their clients are suffering ‘aggressive enforcement’ by the Legal Services Commission’s debt collectors should refer to section 40 of the Administration of Justice Act 1970. A person commits an offence if, with the object of coercing another person to pay money claimed, they harass him with ...
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Family lawyers face up to challenges ahead
Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set ...