Last 3 months headlines – Page 1364
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The represented litigant is now at a distinct disadvantage when appearing opposite a litigant in person
The rise of the litigant in person is an inevitable fact of life, but their favourable treatment by the courts is beginning to ring alarm bells. While the judiciary are rightly seeking to ensure a ‘level playing field’, my recent experience is that the represented litigant is now at a ...
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Solicitors beware of ‘piggy-backing’
There has been much recent publicity about claims management companies (CMCs) obtaining personal injury cases through such practices as data selling, referral fees, cold-calling and texting. However, little has been heard of so-called ‘free-riding’ or ‘piggy-backing’. This practice involves a CMC purchasing a competitor’s name as ...
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Gravy train derailed
I note with interest that the Solicitors Regulation Authority is to canvass personal injury firms to ask how they will cope when the government bans referral fees. I would suggest that they cope by ceasing to chase the gravy train and actually exercise business and professional judgement.
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Last resort Lords
With regard to the news item of 29 September that the House of Lords will ‘fight the good fight’ - per Lord Carlile - am I the only legal aid family lawyer feeling distinctly underwhelmed?
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European Union
Services - Freedom of movement - Television broadcasting Football Association Premier League Ltd and others v QC Leisure and others: ECJ (Grand Chamber): Judges Skouris (president), Tizzano, Cunha Rodrigues, Lenaerts, Bonichot, Arabadjiev and Kasel (presidents of chambers), Borg Barthet, ...
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Human rights
Right to a fair trial - Right of access to a lawyer - Statement or admissions made to police without access to legal advice Ambrose v Harris (Procurator Fiscal Oban) (Scotland) and other appeals: SC (Justices of the Supreme ...
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Bring on ‘Woolf II’, top judge urges
A leading judge has called for a second wave of civil justice reforms, encouraging better use of IT, and greater efforts to promote UK legal services internationally. Mr Justice Vos said the UK’s law and legal system are highly respected overseas, but ‘not enough is done ...
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Government’s mediation drive reflects ‘jaundiced’ view of law
The government’s drive to encourage mediation instead of court litigation is diverting attention from cuts to civil legal aid and the consequent reduction in access to justice, according to a leading academic. Professor Dame Hazel Genn told the Chartered Institute of Arbitrators' mediation symposium on Wednesday ...
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Liberty attacks ‘baffling’ review of extradition law
The Extradition Act under which British subject and Asperger’s syndrome sufferer Gary McKinnon faces being sent for trial in the US for computer hacking is not biased against British citizens, a landmark review has concluded. The review, published today by parliament’s human rights joint committee and ...
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Neuberger argues for greater use of IT in courts
Master of the rolls Lord Neuberger has backed the introduction of more electronic disclosure in court but stopped short of advocating ‘virtual trials’. Speaking at the high sheriff’s lecture in Leeds last week, Neuberger said the legal profession was facing change on a scale not seen ...
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Law Society Excellence Awards 2011: winners announced
The outstanding achievements of the legal profession in England and Wales were celebrated by the Law Society at a ceremony in London yesterday evening. Over 600 legal professionals and their guests joined the president of the Law Society John Wotton and BBC Broadcaster Mishal Husain ...
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Senior partners cool on social media
About two-thirds of law firms cannot find the time and resources to build and maintain a strong online presence, even though more than 75% have committed to using social media as a business tool, a survey of 50 law firms has found. RTS Media ...
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Bach seeks to scupper 10% legal aid fee cut
Former legal aid minister Lord Bach has tabled a House of Lords motion calling for the statutory instrument that introduced 10% cuts to legal aid lawyers’ fees this month to be annulled.
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Society calls for delay to legal aid bill
The Law Society today called on the government to delay passage of the Legal Aid, Sentencing and Punishment of Offenders Bill, after Jonathan Djanogly was stripped of responsibility for regulating claims management companies. The justice minister remains in charge of steering the controversial legislation through the ...
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European contract law - the film
Hollywood agents regularly comb Brussels for their future stars. This week, we had President Barroso featuring as King Kong, beating his chest and roaring, hoping to terrify the financial markets into having faith in the euro.
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Claims firms to become ‘advertising wing of ABSs’
Claims management companies have already agreed pre-contract deals with law firms to become alternative business structures (ABSs), according to their governing body.
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De-lawyering small claims
Amid all the hoo-ha over the headline aspects of the government’s reforms to civil litigation - the end of many of the rules underpinning conditional fee agreements in personal injury, for example - it is easy to overlook a rather quieter change that could have a big impact on commercial ...
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PC renewals update
The Solicitors Regulation Authority has today issued a statement informing solicitors that they will be able to renew their registration, recognition or practising certificate from 21 November. Solicitors are asked to visit the SRA site on 18 November, when the regulator will confirm whether or not ...
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Quality, quantity or both?
With the announcement of another new legal services brand, ‘Simplify the Law’, firms are being presented with an increasing complex choice of partner organisations. Solicitors’ enquiry services can be a useful additional source of business, however firms need to correctly manage these services, choose them carefully and avoid a couple ...
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Focus on new markets to survive house-buying collapse, conveyancers told
Residential conveyancers should focus on landlords and investors to survive the collapse in the traditional market, property lawyers were told this week. Yolande Barnes, director of residential research at estate agents Savills, told a Law Society property conference there is a ‘fundamental structural change’ in the ...