Headlines – Page 1183
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SRA costs plan 'a burden' says Society
The Law Society has told regulators that solicitors should not be expected to pay for losses incurred by uninsured firms. The Solicitors Regulation Authority proposed last week that payments would be taken out of the Compensation Fund from later this year. The fund, paid for by ...
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Court interpreter situation 'improving'
Large numbers of court hearings are still being hit by interpreter problems nearly three months after new contracting arrangements began - but the situation has improved, new figures indicate.
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Private prosecution pioneer opens
A firm thought to be the first private prosecution specialist in Britain opened in London last week to ‘fill a gap in the tackling of economic crime’. Edmonds Marshall McMahon, established as a legal disciplinary practice, will specialise in fraud, counterfeiting, regulatory offences, corporate crime and ...
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Chancery Lane slams ‘flawed’ BSB report
The Law Society has condemned as ‘flawed and self-serving’ a Bar Standards Board survey alleging a decline in the quality of advocacy. The report, Perceptions of Criminal Advocacy, found that a majority of barristers responding to an online survey blamed pressure on criminal legal aid ...
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Solicitor rapped for ‘frustrating’ tribunal
The president of the Employment Appeal Tribunal (EAT) has backed an employment tribunal’s finding of ‘appalling’ behaviour by a solicitor in a strongly worded judgment.
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Move to close criminal advice loophole
A legal loophole that has allowed police to deny suspects their right to consult a solicitor could be closed by a change in the law. Home Office officials have agreed to propose an amendment to the Police and Criminal Evidence Act (PACE) 1984, imposing a ...
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Signing a will and section 9 of the Wills Act 1837
Decisions on the formalities of the execution of a will usually turn on whether the witnesses were jointly present when the testator signed or acknowledged. In the rather unusual case of Barrett v Bem [2012] EWCA Civ 52, the point in issue was whether the will was signed by the ...
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Difficult to comprehend
I have followed with interest and mounting concern the Gazette’s coverage of fears about the declining standards of interpretation in UK criminal courts, most recently ‘Interpreter mistake causes trial to collapse'.
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Why the overlap?
I note the debate about the future of the Legal Services Board. I remain intrigued and confused. I thought that the Law Society and the Solicitors Regulation Authority represented our professional and regulatory body respectively. Alas, it would seem that this is not the case, ...
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‘Light touch’ OFR?
In her speech on 19 April announcing the delayed dates for the submission of nominations for the appointment of COLPs and COFAs, SRA executive director Samantha Barrass is reported to have said that in support of the nomination ‘a senior manager from the firm must confirm that the firm has ...
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Outmoded example
I do not seek to comment on the broad issues raised by the author of the letter ‘Smelling a rat', but I do take strong issue with the facts set out in the two cases he cites in his argument. In each case he mentions that ...
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PI lawyers rule out ‘deal or no deal’
Personal injury lawyers are refusing to play ‘deal or no deal games’ with the government over fixed fees for smaller cases. The government has written to all stakeholders asking them to suggest a limit for the value of claim that solicitors should be able to charge ...
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MoJ: ‘up to solicitors’ to police damages
A Ministry of Justice official has said it will be up to solicitors to police a key aspect of the civil litigation reforms. Robert Wright, head of civil litigation and funding at the MoJ, admitted last week there is no way for the government to ensure ...
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The competitive advantage of a workaholic practice is presumed, but rarely calculated
Long hours are deeply ingrained in the culture of legal services. In all shapes of practice, they have long been the assumed norm.
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Police interviewing loophole must be tackled urgently
by Robin Murray, a criminal solicitor and founding partner at Kent firm Robin Murray & Co We thought the offer of access to free and independent legal advice to suspects, prior to police questioning, was automatic under the Police and Criminal Evidence Act 1984 (PACE) codes. ...
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CCRC criticisms were grossly unfair
by Richard Foster, chair of the CCRC The Gazette article about the Criminal Cases Review Commission was both biased and inaccurate.
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‘Raise cap’ on crime victims’ compensation
Personal injury lawyers have called on the government to raise the cap on compensation for victims of crime. A Ministry of Justice consultation, ‘Getting it right for victims and witnesses’, closed this week after three months. The Association of Personal Injury Lawyers responded to the consultation ...
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Ken and Co live it up
Highlighting free hospitality and schmoozing enjoyed by ministers is a cheap journalistic shot, which is why Obiter is happy to indulge. This month saw the latest quarterly list published by the Ministry of Justice of ministerial gifts, hospitality, overseas travel and meetings. Sadly, the figures go ...