Headlines – Page 1041
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Civil procedure: capacity and compromise
Civil Procedure Rule 21.10 provides that where a claim is made by or on behalf of a party who lacks capacity to conduct the proceedings (a child or protected party), no settlement of that claim shall be valid without the approval of the court. The issue before Bean J in ...
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Referral fees – a true picture
A recent Gazette article titled Referral guidance made a number of surprising claims. We felt they should not pass unchallenged, as they will undoubtedly have caused concern to some practising solicitors who are seeking to come to terms with the referral fee ban now that it is in place. ...
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Slackness over prisoner votes shows contempt
Parliament can move very quickly when it needs to. Laws can be passed within days if necessary - even hours. But the legislative process can move extremely slowly when political needs dictate. And that is what has happened to the issue of votes for prisoners.
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Competition law
The coalition government was just six months old when it announced a ‘bonfire’ of 192 quangos, among them the Competition Commission and the Office of Fair Trading. Fast forward to 2013 and, albeit without much ministerial fanfare, the Competition and Markets Authority (CMA) has a CEO-designate, Alex Chisholm. He is ...
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Stakes raised again as legal aid reforms loom
The profession’s increasingly vociferous campaign against the cuts outlined in the Transforming Legal Aid consultation reached a crescendo last week, ahead of tomorrow’s deadline for responses. Magistrates allege the changes could lead to situations where the only legally qualified person in court is the ...
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Hodge holds fire on ‘tax avoidance by lawyers’
The Commons public spending watchdog has no plans to call lawyers before its headline-grabbing inquiry into tax avoidance – at least before the summer recess. The public accounts committee, chaired by Margaret Hodge MP, has lacerated representatives from the Big Four accounting firms at recent hearings, ...
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Chancery Lane calls for 28-day police bail limit
The Law Society has called for a statutory 28-day limit on the amount of time suspects are kept on police bail. Over 57,000 people are on police bail in England, Wales and Northern Ireland, according to figures obtained by the BBC. ...
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Slaughter: further court closures will bring ‘chaos’
Shadow justice minister Andy Slaughter has warned the government that a further round of court closures would be ‘reckless and chaotic’. Speculation is growing that the Ministry of Justice will soon announce at least 80 further court closures – mainly magistrates’ courts – to add to ...
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Claims against the NHS set to surge
Clinical negligence cases against the NHS increased by 18% in 2012/13, government figures have revealed. Statistics compiled by the Department for Work and Pensions found there were 16,006 cases registered with the compensation recovery unit last year, compared with 13,517 for 2011/12. ...
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No law recruits for college
The National College of Legal Training (NCLT) has blamed ‘poor market conditions’ and a slump in student numbers for its decision not to recruit for its Legal Practice Course (LPC) and Graduate Diploma in Law for 2013/14. However, the universities of Derby and the West ...
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Mental health therapy is part of the support from a growing number of law firms
The legal profession is not alone in dealing imperfectly with the mental health of its members. As comedian and writer Ruby Wax (pictured) noted, speaking at Herbert Smith Freehills last week to mark mental health awareness month, depression carries a stigma that can lose someone a job. In law it ...
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Legal firms struggling with new pensions scheme
A third of law firms are unsure how to handle the ‘tricky issues’ of compliance and administration surrounding auto-enrolment, the government scheme requiring employers to move workers into a pension plan, according to a survey. Failure to introduce a compliant scheme by your staging date ...
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Courts: going private is no panacea
by Francesca Kaye, president of the London Solicitors Litigation Association The government is right to be thorough in its determination to cut waste and excess in public services, and achieve greater efficiency, particularly in the current economic climate. However, the news that this quest may lead ...
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Blair's lord chancellor reforms ruining constitution
In his admirably lucid and revelatory account of the removal of Lord Irvine from the office of lord chancellor, and the destruction of the office itself, by his ungrateful pupil Tony Blair, Joshua Rozenberg has pinpointed a key moment in our recent legal history.
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Cocts management: unintended consequences
Recent changes to the Civil Procedure (Amendment) Rules 2013 are affecting the way solicitors and litigants approach cases concerning the management of costs. The recent changes include the small claims track limit being increased from claims valued up to £5,000 to claims valued up to ...
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Grayling’s legal aid ignorance
Now the cat is out of the bag. Chris Grayling told Catherine Baksi in her interview with him: ‘I don’t believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills…’
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Civil legal aid: an attack on those in need
There is a risk that the bad news about the impact of the Transforming Legal Aid proposals on civil legal aid will be buried by criminal practitioners’ (justified) outrage about compulsory competitive tendering. Under the civil proposals, those unable to prove 12 months’ lawful residence ...
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Money laundering still dogs us
There is plenty of backstage manoeuvring in the development of legal policy. Often the most interesting work cannot be written about, to protect the confidentiality of our members’ views or our interaction with outside bodies. At the same time, I think: ‘But the wider legal profession should know about this!’
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Legal aid: the right to choose
There is an aspect of the current criminal legal aid proposals that ought to be brought to general attention. The proposal to deny the right of choice of lawyer runs contrary to government policy. On 29 March 2012 the prime minister announced that he intended ...
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Spelling bee
It was with interest that I noted Obiter’s recent nod to a syntax error on the website of Dynamo Legal (dynamolegal.com), the so-called ‘superbrand’ headed by Alex Mills of BBC’s The Apprentice ‘fame’. Perhaps the young Mr Mills can be excused for the odd gremlin ...