Latest news – Page 753
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EU bill set to confirm UK sovereignty
The government’s EU bill will ‘place beyond doubt’ the principle of parliamentary sovereignty over EU law, minister for Europe David Lidington said last week. He told the UK Association of European Lawyers that the bill will put on a ‘statutory footing’ the principle that EU law ...
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Personal injury ad ban appeal
The government should not rush to amend personal injury advertising rules, the chair of the Advertising Standards Authority (ASA) said last week. In the first parliamentary debate on Lord Young’s ‘compensation culture’ report, which took place in the House of Lords last week, Lord Smith of ...
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MoJ calls for data on RTA portal abuses
Solicitors and insurers must hand over data that exposes abuses of the road traffic accident claims portal to the Ministry of Justice, a key official said last week. Kevin Westall, head of civil justice policy, procedure and customer intelligence at the MoJ, told the Motor Accident ...
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Insurers seek to pursue solicitors over whiplash fraud claims
The insurance industry is seeking to pursue solicitors whom it believes are involved in fraudulent whiplash claims, the Association of British Insurers (ABI) has said. James Dalton, ABI assistant director of motor and liability, told delegates at the Motor Accident Solicitors Society annual conference last ...
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Fixed-share partner loses appeal
The Employment Appeal Tribunal has upheld an earlier ruling that a solicitor who was a fixed-share partner in a Bournemouth law firm is not entitled to seek to claim unfair dismissal from the firm, because he cannot be classed as an ‘employee’. Martin Tiffin, a former ...
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Moses backs jury questions in criminal trials
Judges should present a list of questions to jurors in criminal trials to guide them in reaching a verdict, a senior judge suggested last week. Lord Justice Moses said the move, which was recommended in Lord Justice Auld’s 2001 review of the criminal courts, would reduce ...
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Audit training
A law degree (or CPD) plus Legal Practice Course is insufficient preparation for practice, and so there has to be an element of practical training. At the moment there is little quality control of training contracts; if you can last the two years, then you are in. ...
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Building quality
As chairman of the Conveyancing Association, I am writing to lend the support of our body to the Law Society Conveyancing Quality Scheme. Members of the association, which include a significant proportion of large conveyancers, fully support and endorse all efforts to improve the legal process of conveyancing. ...
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Be realistic about legal aid cuts
I do not think we can fault the reasoning behind the legal aid cuts, which largely preserve funding for the essential areas of human rights. We should be realistic and admit that some areas of law are not priorities, and one wonders why they were ever included in the scheme ...
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Injustice of legal aid cuts
I observed the following incident at a north London magistrates’ court. A defendant, who was clearly mentally ill, had been charged with an offence that was contrary to section 5 of the Public Order Act. The facts were that he had been shouting at a ...
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Green pioneers slash carbon footprints
Almost 40% of law firms in the Legal Sector Alliance (LSA) have cut their carbon footprints in the last year, according to the alliance’s annual report, released today. In 2010, the average amount of carbon generated per LSA member employee varied between 0.48 and 8.94 tonnes, ...
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'Mixed practice' warning for publicly funded barristers
Incoming Bar Council chairman Peter Lodder QC today warned publicly funded barristers to diversify or face a bleak future. Legal aid rate cuts have been ‘too numerous and too deep’ for young barristers to survive on that single source of income, he told Bar ...
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Regulator sets out guidance on pre-emptive ABS discussions
The Solicitors Regulation Authority has issued new guidance setting out what is permitted in firms’ negotiations with potential investors ahead of the licensing of alternative business structures (ABSs) in October next year. The guidance stresses that non-lawyer individuals or businesses are currently prohibited from having any ...
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Rise in number of intestacy disputes
The number of people challenging the inheritance left by their relatives or partners has risen by 38% over the past year, according to figures obtained by City firm Wedlake Bell. Data from the High Court shows that the number of cases launched by people, including children, ...
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Legal aid solicitors overpaid by £77m
Legal aid solicitors have been overpaid by almost £77m, according to a report published today by public spending watchdog, the National Audit Office. Qualifying the Legal Services Commission’s accounts for the second year running, the NAO estimated a total of £76.5m had been overpaid to legal ...
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Legal executives seek independent conveyancing rights
Legal executives could be granted independent rights to provide conveyancing services from next September, if a forthcoming application to the Legal Services Board is successful. But conveyancing solicitors have questioned the economic logic of encouraging new entrants into an already overcrowded market, where transaction rates have ...
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Family courts have lost authority, warns judge
A High Court judge has warned that the family court needs to reassert its authority to tackle the ‘lack of respect’ shown for its orders. Speaking at the Association of Lawyers for Children annual conference at the weekend, Mr Justice Coleridge said that, in placing ...
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Court of Appeal dismisses US-style class action bid
The Court of Appeal has dismissed an attempt to bring a US-style class action against British Airways for participating in an airfreight price-fixing cartel, just nine days after the European Commission (EC) fined the airline more than €100m (£85m) for its role in the cartel and told claimants that they ...
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Law Society calls for greater focus on ethics in training
The Law Society has called for law degrees to include a greater focus on ethics and for a more robust system of ensuring the quality of institutions which provide legal education and training. This follows the joint review of legal services education and training announced ...
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Ralli motors ahead with new iPhone app
Manchester firm Ralli has launched an iPhone app to help people keep on the right side of the motoring laws. The ‘Don’t Drink – Don’t Drive - Keep your Licence’ app, which can be downloaded for free, has been designed to enable drivers to calculate whether ...