Latest news – Page 603
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News
Wrong assumption on innocence
Ian Craine argues that the presumption of innocence ‘is not the same thing as an assumption’, and also seems to regard it as something more than a ‘rule of evidence’. He has against him the US Supreme Court which, in Taylor v Kentucky, stated: ‘The presumption of innocence … is ...
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In conflict with clients
The Jackson reforms undermine the most important principle of achieving fairness for victims of injustice. That is to ensure that the victim is returned to the position they would have been in but for the wrongdoing. Damages-based agreements will permit a direct deduction from damages. ...
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Domicile poser
In what was otherwise an excellent article, Jane Lee used the term ‘UK domicile’ in her Practice Points. The correct term is, of course, an English and Welsh, or Scottish, or Northern Irish domicile. James Aitken, Legal Knowledge, ...
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Unpaid overtime costs lawyers £14k
Legal professionals are among the most likely workers to do unpaid overtime, according to the Trades Union Congress (TUC). A national study published this week found that 49.6% of legal professionals work unpaid overtime. Their average unpaid overtime, 9.7 hours a week, is exceeded only ...
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Negligence claim fears over ATE insurance
Solicitors have been warned they could face professional negligence claims if their client cannot secure after-the-event insurance before civil litigation reforms come in to force on 1 April. ATE insurers have told the Gazette they have been ‘inundated’ with law firms trying to secure cover while ...
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MoJ acts after court interpreter fiasco
The Ministry of Justice says it has accepted all of the recommendations made by the Public Accounts Committee in its report on the department’s ‘shambolic’ handling of the court interpreter contract. The committee last month published a damning verdict on the procurement and delivery of the ...
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High Court throws out RTA fees cut challenge
The High Court today threw out a challenge to a new fees regime expected to cost personal injury firms £200m a year. The Association of Personal Injury Lawyers and the Motor Accident Solicitors Society were challenging a decision by the Ministry of Justice to cut ...
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Jackson gets green light from McNally
Justice minister Lord McNally has confirmed that Jackson reforms of civil justice funding will come into force on 1 April. The peer had come under pressure during a Lords debate to delay implementation of conditional fee agreements and damages-based agreements to allow parties to prepare ...
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EU online training
The European Commission has begun work on an online service to help train EU lawyers in cross-border European law or the law of another member state. The European Training Platform will cost £177,000, including a contribution of £35,400 from the Council of Bars and Law Societies ...
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Bar calls on the LSB to tighten its belt
The Bar Council has publicly attacked the Legal Services Board for appearing immune from financial pressures affecting the legal profession and government departments. In a response to the LSB’s business plan for 2013/14, the bar body said it had concerns over the costs and scope of ...
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Minding your language
‘It is with great respect... It is with grave concern that we note... It is disappointing to say the least... With all due respect...’ What is it about our profession that practitioners feel the need to use these hackneyed and mostly meaningless phrases? I speak from the perspective of a ...
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Loos ruling conference
The Court of Justice of the European Union will be holding a day of reflection to commemorate the 50th anniversary of the Van Gend en Loos judgment (delivered on 5 February 1963). During the event, to be held in Luxembourg on 13 May, the judgment will ...
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Grayling sets out payment-by-results vision
Payment by results will be the norm for government departments in the future, the justice secretary said today as he explained his ‘vision’ to reduce the ‘endless spiral of reoffending’. Speaking at a conference on rehabilitation, organised by the thinktank Policy Exchange, Chris Grayling said his ...
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Days of 100% damages payouts are over, says Hudson
Personal injury solicitors will have to ditch ‘100% compensation’ offers if they want to run a profitable business in future, the Law Society’s chief executive Desmond Hudson told members today. In an address to members, Hudson said he was ‘angry’ the government had ignored pleas not ...
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SRA joins attack on ‘poorly informed’ Legal Services Board
The Legal Services Board stands accused of partiality and incompetence in the latest attack from a regulator.
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Santander sets conveyancing panel deadline
Conveyancing firms that have not applied for the Law Society’s Conveyancing Quality Scheme (CQS) by 28 March will be removed from Santander’s panel, the bank has confirmed. In September last year, the bank announced that existing, as well as new, firms on its residential conveyancing panel ...
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Grayling puts price tendering in the fast lane
Price-competitive tendering for criminal defence services will be introduced this autumn under accelerated plans revealed by the justice secretary this morning. In a written ministerial statement, Chris Grayling (pictured) announced an eight-week consultation on the plans will begin in April – but said that the tender ...
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Government sees off amendments on secret civil hearings
Government plans for secret courts were approved by a majority in the House of Commons on Monday evening, despite opposition from Conservative and Liberal Democrat MPs and amendments tabled by the Labour frontbench. Labour and coalition rebels who had proposed putting in place further conditions to ...
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Chancery Lane bench mark
Employment tribunal chair Colin Goodyear welcomed prospective judges to an event in Birmingham last week held to promote the Law Society’s Solicitor Judge Division. Last year, Goodyear was widely reported in the press for ordering Mid-Staffordshire NHS Foundation Trust to award Stafford Hospital solicitor Kate ...
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Society warns LSB against diversity surveys
The Law Society has joined a wave of criticism of the Legal Services Board (LSB) by repeating its opposition to the publication of the results of mandatory diversity surveys of firms. In its response to the LSB’s draft business plan for 2013-14, the Society accuses the ...