All Law Gazette articles in Archive – Page 1630
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News
Trade in your rights, urges Osborne
Can there be a better example of doublethink than George Osborne’s continuing insistence that ‘we are all in this together’, and his espousal of a multi-tier system of employment rights? On Monday, the chancellor unveiled a working rights waiver plan that sets an alarming precedent – citizens will effectively be ...
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Direct age discrimination
The recent Supreme Court decision in Seldon v Clarkson Wright and Jakes [2012] UKSC 16 – which found that direct age discrimination could be justified and clarified the test for justification that would have to be satisfied – continues to reverberate throughout the legal industry and fuel the debate over ...
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Standard bar contracts put back by three months
The introduction of standard contractual terms between barristers and solicitors has been delayed by three months to make sure all firms and chambers are prepared, the Bar Standards Board announced today. The new terms will now take effect from 31 January 2013. They had been previously ...
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Chancery Lane takes stake in OFR support provider
The Law Society has taken an equity stake in a company that provides support to legal firms on complying with outcomes-focused regulation (OFR). Chancery Lane says the agreement with Riliance, which has developed an online support tool for compliance officers for finance and administration, and ...
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Grayling’s opportunism
Has it really come to this? Will elections of the future really be decided on how much violence we are prepared to countenance against criminals? Chris Grayling’s keynote speech at the Conservative Party Conference will today propose a change to the law on self-defence against burglars, ...
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Society condemns ‘pure gamble’ quality assurance scheme
The Quality Assurance Scheme for Advocates (QASA) will ‘annul the historic rights’ of most solicitors to appear before magistrates’ courts and prompt lawsuits against regulators, the Law Society has warned. In a robust response to the fourth and final consultation on the plans to introduce the ...
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Win tickets to The Woman in Black
Obiter is so over trick-or-treating after last year’s foray up Chancery Lane harvested only a law firm-branded pen, an empty Ede & Ravenscroft bag and a flea in the ear from the Lincoln’s Inn porter. So this year we will be getting our ghoulish kicks vicariously, by giving away tickets ...
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CoA finds for insurers on damages uplift
The Court of Appeal has ruled that a 10% uplift on general damages will not apply to cases begun before 1 April on a conditional fee agreement (CFA). In a ruling made today, the most senior judges in England and Wales overturned an earlier judgment that ...
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Ten things we learned from the Tory conference
1) Chris Grayling is a popular choice for justice secretary: He wouldn’t exactly be your first choice to enjoy a pint with, but Grayling has the sort of dead-eyed, intransigent attitude to law and order that delights the rank and file. His conference speech granted every ...
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Technology in conveyancing - friend or foe?
I read a letter in last week’s Gazette pointing out the problem with the time it takes the Land Registry to deal with electronic discharges and it got me thinking of the other times in my job when technology can become more of a hindrance than a help.
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IBA 2012: Robinson urges lawyers to join climate fight
The International Bar Association has heeded a call from former Ireland president Mary Robinson (pictured) to join the fight against climate change. At its conference in Dublin, the organisation confirmed it will set up a taskforce to help fulfil the agreement reached at the UN ...
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Add-backs and costs
Add-back arguments in financial order proceedings tend to arise in two situations: in respect of costs, where one party has incurred significantly higher costs than the other; and where one party has dissipated assets and those assets should be added back to that party’s share. ...
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Understanding addiction
Addiction is not the preserve of the working classes and no respecter of wealth or status, and most family lawyers at some point in their career will come into contact with clients who have addiction issues.
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No case to answer? Private prosecutions and prospects of conviction
When should you be allowed to bring a private prosecution? The very idea that a private individual may be able to initiate the state’s powers to prosecute and punish offenders may strike some people as strange. Isn’t that the job of public prosecutors, such as the Crown Prosecution Service (CPS)?
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Arresting solution
By 2014 the UK must decide how far to be involved in EU crime co-operation measures, most notably the European arrest warrant (see ‘Nationwide alarm at EAW opt-out plan’). Whether the UK should continue to operate the arrest warrant system is not an easy decision and not one to be ...
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What’s your attitude to complaints?
Confidential research undertaken by the Solicitors Regulation Authority has revealed that there are some bad attitudes towards complaints handling in the profession. But rather than fearing complaints, you should be welcoming them - as they inform you about the client’s experience and help improvements to future service.
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PC lessons have been learned
Ensuring that the 2012 round of practising certificate (PC) renewals is a smoother and more reliable experience than last year’s has been top of the Solicitors Regulation Authority’s agenda. We recognise that the last renewals round caused serious inconvenience for many who engaged in the process and this was not ...
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Breach of confidence
Summary judgment - Entitlement to summary judgment - Duty of servant Devon and Cornwall Autistic Community Trust (t/a Spectrum) v Pyrah and others: PCC (Mr Recorder Douglas Campbell): 24 September 2012 ...
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Help ease the burden
In her article ‘Should pro bono be compulsory?’, Lia Moses refers to the New York State Bar requirement for all lawyers to carry out 50 hours of pro bono work before qualifying. Maybe even qualified solicitors should do 50 hours per annum? She urges us to fill in the questionnaire. ...
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Car crash coverage
Obiter was intrigued to read the Daily Telegraph’s advertisement feature on 'what to do if you're in a car accident' last week. Sponsored by personal injury firm Lawyers4U, the article sympathises that being in an accident ‘can be a huge shock and it can often ...