All Law Gazette articles in Archive – Page 1563
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News
Secret trials: ‘explore alternatives'
Government proposals to extend the use of secret hearings in cases where evidence might compromise national security are a radical departure from the UK’s ‘traditions of open justice and fairness’, MPs and peers said today. In a critical report on the Justice and Security Green Paper, ...
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News
Workhouse legislation goes on bonfire of statutory dead wood
More than 800 pieces of ‘statutory dead wood’ from the 1600s and earlier would be scrapped under measures proposed today by the two bodies charged with tidying and modernising UK legislation. Laws identified for repeal include a 1696 act to fund the rebuilding of St Paul’s ...
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Intended retirement ruling opens door to employment tribunal claims
The Court of Appeal handed down judgment this week in the case of R&R Plant Hire (Peterborough) Ltd v Bailey, ruling in favour of the employee. The decision is not only a win for Mr Bailey; it is also a boon for an inestimable number of employees who will suddenly ...
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Green forms and fixed fees
I am impressed by the number of people who fondly (I think fondly is the correct word) remember Green forms. I wonder how many of you recall five-pound fixed fees. It had a certain ring to it. If your client was not eligible to sign the Green form then you'd ...
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Legacy10 campaign highlights benefits of drafting will through solicitor
From 6 April, an estate of which at least 10% is left to charity benefits from a reduced rate of inheritance tax on the balance of the estate. This change is an opportunity for everyone within the UK to help increase their support for good causes, at little cost to ...
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Sole Practitioners Group remains strongly opposed to ABSs
As chair of the Sole Practitioners Group, who provided material for the news item ‘Sole practitioner numbers rise’, I would like to make a number of points.
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Copyright - access and similarity
The creation and development of characters and storylines can be tricky, whether they are entirely fictional or based on fact, as two recent copyright cases have shown. In Mitchell v BBC, a question arose on subconscious copying of cartoon characters; while in Hodgson v Isaac, a dispute arose as to ...
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Court proceedings times main cause of adoption delays
The most significant cause of delay for children needing adoption is the length of time taken to complete court proceedings, the education inspectorate Ofsted said this week. The Right on Time report found care proceedings took an average of 14 months to complete. It was ...
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LSB spurns conveyancers’ litigation ambitions
The Legal Services Board (LSB) has refused the Council for Licensed Conveyancers’ application to regulate conveyancers conducting litigation and advocacy. The LSB said it had not granted the application 'on the grounds that the CLC lacks the legal power to make rules and regulations that ...
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Civil partners get the same divorce treatment as married couples, appeal judges rule
In a landmark financial judgment The Court of Appeal has confirmed that the courts will treat civil partners in the same way as married couples when their relationship ends. The court last week overturned a High Court decision that awarded west end actor Donald Gallagher nearly £1.7m following the break-up ...
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Asbestos ruling ‘will not open floodgates’
A leading trade union lawyer has dismissed expectations that a Supreme Court ruling will prompt a rush of asbestos-related litigation. The 'trigger case' judgment last week ruled in favour of allowing insurance claims by families of people who died after exposure to asbestos. Following the ruling, ...
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Drifting eastwards: becoming multi-jurisdictional
If Woodward and Bernstein were advised to ‘follow the money’, law firms follow the client. Firms that operate in offshore financial centres have done exactly that. As offshore clients have pulled back from structured finance transactions towards risk-transfer arrangements, so have their lawyers. And where ...
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Biggest dissatisfaction is with lawyers' costs
The older I get, the more I feel uncomfortable about the binary nature of our discourse. OK - a pretentious sentence, even by my standards. What do I mean?
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LSB defies calls to 'change direction'
The Legal Services Board super-regulator looks set to defy calls from the profession to scale back its role. In a review published yesterday of the five years since the Legal Services Act, the board says there is ‘no need at this stage for a change ...
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Cautious reception to SRA ‘racism’ report
Claims by the Society of Black Lawyers (SBL) that the Solicitors Regulation Authority is ‘institutionally racist’ have been given a cool reception by other individuals representing minority ethnic lawyers. The SBL’s report Breaking the Silence: who is regulating the regulator? accused the SRA of intervening on ...
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Committal fee change lawful, High Court rules
The High Court has ruled that the government’s decision to scrap lawyers’ fees for committal proceedings was lawful. Dismissing a judicial review sought by the Law Society, Lord Justice Burnton cited the impact of legal aid fee cuts on lawyers. No one, he said, ‘could not ...
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Charity chop
Leslie Tuck, solicitor at Harrogate firm Bywaters Topham Phillips has marked herself out as a cut above the rest. The civil litigator went under the scissors last week, chopping 30cm off her hair to donate to children’s charity the Little Princess Trust, which creates wigs for children rendered bald by ...
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LSC to terminate CLAC contracts
The Legal Services Commission has signalled its intention to end all community legal advice centre and network (CLAC/N) contracts next year. It has written to all contract holders and partner local authorities to inform them of the proposal to end the contracts on 31 March 2013. ...
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Client emails to be evidence in mis-selling claims
Emails between bank staff and owners of small businesses who bought interest-rate hedging contracts will be evidence in mis-selling claims totalling up to £1bn, the Gazette can reveal. Norton Accord, the company that has secured funds to launch up to 4,000 cases, said that client emails ...