Headlines – Page 1352
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SRA set to become ABS regulator
The Law Society Council gave the green light to the Solicitors Regulation Authority’s application to become a licensing authority for alternative business structures last week. Having obtained the council’s approval, the SRA will now submit its application to the Legal Services Board, putting it on track ...
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An alternative view on litigation costs
by Seamus Smyth, senior partner in Carter Lemon Camerons LLP and President of the London Solicitors Litigation Association What’s wrong with our civil litigation? Why have we had to have Woolf and Jackson? Is there a solution to the cost-and-access problem?
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Bribery Act start date revealed by Clarke
The Bribery Act will come into force on 1 July, the government announced today, as it published delayed compliance guidance for businesses. Briefing reporters this morning, justice secretary Kenneth Clarke said that it was ‘best to get it right rather than head for some artificial deadline’. ...
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'Exhausted' lawyers in care cases need more support
A detailed and enlightening report on the representation of parents in care proceedings was published this week by academics at Bristol University law school. The study, by Julia Pearce and Professor Judith Masson, provides an interesting insight into the pivotal role played by lawyers in the ...
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Expert witnesses lose 400-year-old immunity
Expert witnesses have lost their immunity from being sued over matters arising in the course of proceedings, following a landmark ruling today. By a majority of five to two, the Supreme Court removed the 400-year-old protection that gave expert witnesses immunity from suit for breach of duty whether in contract ...
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Litigation funder boosts its investment resources
Third-party litigation funder Burford Capital has boosted its investment resources above the $300m (£187m) mark, making it the largest fund of its kind in the world, according to its first annual report. The company, which is listed on the London Stock Exchange’s Alternative Investment Market (AIM), ...
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Lord Judge warns of media ignorance of human rights law
Media ignorance of human rights legislation is harming the independence of the judiciary, the lord chief justice said in a speech in Jerusalem yesterday. Lord Judge said that journalists must understand that, when judges apply decisions of the European Court of Human Rights via the Human ...
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Family law
Babies - Habitual residence - Jurisdiction - Parental responsibility Barbara Mercredi v Richard Chaffe: CA (Civ Div) (Lords Justices Thorpe, Elias): 17 March 2011 The appellant mother (M) appealed against ...
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Tools or techniques?
When presented with the ‘next big thing’ in legal services marketing there is a good question to ask at the outset that will help you gain the best for your firm. Is the latest idea a tool for marketing and promotions or a technique of ...
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Government announces implementation of Jackson’s reforms
Lord Justice Jackson’s headline civil costs reforms will be implemented in full, the government announced today, as it simultaneously opened a consultation on reform of the county court system. The Law Society warned that the reforms meant ordinary people would no longer be able to obtain ...
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Legislating for changing sexual mores
Is Europe the beginning of something new or the end of something old? We know what the Eurosceptics think (end, end, end), but the soft power and liberal institutions of the EU can as easily be seen as the forerunner of a new template, which ...
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‘Recession over for law firms’ – exclusive survey
The recession has finally run its course, according to the results of a survey conducted in association with the Gazette. Six out of ten firms expect revenues to increase over the next 12 months, while only 3.6% predict a fall. ...
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New guidelines proposed for sentencing drug offenders
The Sentencing Council has today launched a consultation on proposals to introduce new guidelines for judges and magistrates sentencing drug offenders. The plans will mean that for the first time in the Crown court, sentences will be based on the court’s assessment of the defendant’s role ...
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Protest marchers call the tune on legal aid
Tomorrow sees the Trades Union Congress ‘March for the Alternative’ rally, taking place in central London. It is predicted that tens of thousands will turn up to protest against the planned public sector spending cuts, in what is expected to be the largest TUC event ...
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Valuable guidance on indemnity costs
In a previous update I commented on the case of Noorani v Calver [2009] EWHC 592 (QB). This case illustrated some of the factors which the courts are likely to take into account in assessing whether to award indemnity costs. In Noorani, Mr Justice Coulson considered ...
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Employment
Negligence - Asbestos - Burden of proof Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Knowsley Metropolitan Borough Council v Willmore: SC (Lords Phillips, Rodger, Brown, Mance, Kerr, Dyson, Lady Hale): 9 March ...
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Personal injury
Autistic spectrum disorder - Employers’ liability Janet Vaile v Havering London Borough Council CA (Civ Div): (Lords Justices Longmore, Etherton, Sir David Keene): 11 March 2011 The appellant former teacher ...
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Conveyancing Protocol update
The Conveyancing Quality Scheme (CQS) is building up a head of steam. The first firms have been accredited. Applications are coming in thick and fast. The concept of raising standards is hardly controversial, but giving practitioners the tools to work within the scheme has been an ...
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Having faith in judicial institutions
Why do we have such faith in judicial institutions that sometimes get things wrong? The question was posed last week by Stephen Breyer, a justice of the US Supreme Court, speaking in London at an event arranged by the Bingham Centre for the Rule ...