Latest news – Page 694
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News
A case where a solicitor is both funded and not funded leaves little incentive to risk representation
Now that there is no payment under legal aid for magistrates’ court work which is committed to the Crown court, I find myself in a practical equivalent of the paradox described by Schrödinger and his dead or alive moggy.
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Balanced budget?
It is reported that the government plans to increase its foreign aid budget by a staggering 35% to countries like Pakistan, Nigeria, Ethiopia and Burma, where international aid officials concede that fraud and corruption have been endemic for years. It is plainly the case that ...
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Criminal-case mediation ‘by 2020’
Compulsory mediation of civil disputes and mediation of criminal cases could be introduced in the UK by 2020, a High Court judge has suggested. Mr Justice Ramsey (pictured) predicted that in 10 years’ time a Mediation Act would make the process compulsory before parties could ...
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MPs call for comprehensive referral fee ban
An influential Commons committee has today called on the Ministry of Justice to impose a comprehensive ban on referral fees and tougher penalties for breaching data protection laws. A report published by the House of Commons justice committee concludes that referral fees often reward illegal behaviour, ...
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Claimant solicitors to get fraud data access
Claimant solicitors are set to be given unprecedented access to fraud records to root out potentially bogus cases. Agreement that lawyers acting for claimants should have access to the same information as motor insurers and their representatives follows a ground-breaking meeting between the insurance industry and ...
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Costs rule ‘will fuel litigation’
Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week. Nicholas Bacon QC, a member of both the Civil Procedure Rules committee and Civil Justice Council group dealing with implementation of the ...
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Court closures 'undermine Big Society'
A leading barrister has called for a halt to magistrates’ court closures, saying economies would be better made by returning the courts to magistrates’ control. In a pamphlet, The Cost to Justice, published by think tank Politeia, Stanley Brodie QC said the programme to cut 142 ...
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LCJ ‘not giving up’ on solicitor judges
Law firms should be more supportive of solicitors applying for judicial positions and stop allowing the issue to blight promising careers, the UK’s two senior judges told a House of Lords committee last week. Supreme Court president Lord Phillips of Worth Matravers and Lord Chief Justice ...
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Needless long hours
I read the comments of both Nick Herbert and in relation to magistrates sitting at unsocial times and hours. I have little respect for Mr Herbert’s opinion that ‘swift justice is currently the exception...’. Is he unaware of the Criminal Justice: Simple, Speedy Summary (CJSSS) process? ...
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Keep formal training
I have followed the recent correspondence and editorial on the subject of training with some interest. I am about to retire after over 40 years as a solicitor and nearly 50 years at work. Mr Howell’s experience must have been later than mine.
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The worst advice
According to reports, the government has asked Aviva, AXA, Direct Line and the Association of British Insurers to help shape its justice reforms. Having had the misfortune of dealing with these organisations for many years, I realise just how ridiculous a proposition this is, although perhaps ...
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LSC helpline cut back again
The Legal Services Commission’s telephone helpline is taking emergency calls only in an effort to reduce a backlog of work. Emergency calls are those requiring action within 48 hours or where the information being sought is not available elsewhere. In July, the commission cut the ...
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Referral fee ban will go in legal aid bill
The justice secretary has confirmed that a rule banning the payment of referral fees in personal injury cases will be introduced into the Legal Aid, Sentencing and Punishment of Offenders Bill and debated next week in parliament. Kenneth Clarke tabled the amendment, stating that a regulated ...
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Plea for Society to join forensic service fight
A solicitor renowned for his work freeing the wrongly convicted Guildford Four has asked the Law Society to become a ‘major player’ in the campaign to stop the government’s proposed closure of the Forensic Science Service (FSS).
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Judges not ‘quangocrats’ should accredit advocacy, says Deech
Judicial assessment will be a key component of the Quality Assurance Scheme for Advocates (QASA), rather than assessment by ‘quangocrats and drama coaches’ according to the Bar Standards Board chair. Lady Deech said the controversial scheme ‘depends on the involvement of judges as the assessors of ...
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Djanogly: referral ban will cover recipients
The new offence being created to ban referral fees will cover those receiving the fees as well as the lawyers who pay them, justice minister Jonathan Djanogly said last week. The minister told a LexisNexis costs conference that he wants the offence to go ‘further ...
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Justice head bemoans judicial diversity gap
The head of law reform and human rights organisation Justice has heavily criticised the lack of diversity in the top echelon of the judiciary. ‘We are shamed’ by the lack of women and ethnic minority judges in the Supreme Court, compared with the US and Canada, ...
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‘Crude’ legal aid cuts get a pasting in the Lords
A Labour lord predicted a ‘prolonged and hard winter for access to justice’ as peers condemned ‘crude’ and ‘ill thought-out’ cuts to legal aid fees in a debate last night. The House of Lords was debating a motion tabled by Lord Bach, the former legal aid ...
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LSC improves its performance - but still overpays £51m
The National Audit Office has qualified the Legal Services Commission’s accounts for the third year running, due to overpayments made to providers. The commission’s annual report, published today, reveals that in 2010/11 the LSC overpaid legal aid providers an estimated £51 million; £29.5m due to solicitors’ ...
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SRA consults on client financial protection
The Solicitors Regulation Authority is to consult on implementing planned reforms of client financial protection. The changes, announced in April 2011, include: closing the assigned risks pool from October 2013; a 90-day extended policy period from October 2012, for firms which have not taken new ...