All articles by Neil Rose
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News
PII – why a large number of firms will be seeking a new insurer
When the profession ditched the Solicitors Indemnity Fund (SIF), a compelling reason for the move was that many good firms were paying for the failures of the few. Now, a decade later, solicitors are back in exactly the same position. Only, the ‘few’ could become substantially more over the next ...
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What will the Legal Services Board do about referral fees?
Is the referral fee debate over? Two reports submitted recently to the Legal Services Board (LSB) would make one think that it is, even though the board itself has still to reach a final decision. First came an economic impact analysis, commissioned from Charles River Associates ...
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Plans to introduce consumer class actions set to be revived
Specialist litigators have expressed hope that government plans to introduce class actions will be revived after the election.Provisions to introduce consumer class actions against banks were dropped during the pre-election ‘wash-up’ procedure that ensured the Financial Services Bill became law, after the Conservatives raised a raft of concerns.
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Consumer panel calls for competence test for lawyers
Lawyers should undergo five-yearly competence testing and there should be peer review of the advice they provide to clients, the chairwoman of the Legal Services Consumer Panel has said. Dianne Hayter said continuing professional development was an insufficient check of quality, and she would like to see a more formal ...
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Third-party funders to form association to oversee code of conduct
Third-party litigation funders are to form an industry association to oversee a new voluntary code of conduct, the Gazette can reveal. The moves – which have been under discussion for two years – were given impetus by the Jackson report’s recommendation that all funders sign up ...
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Jackson’s final report has sent shockwaves through the industry
The weekend after Lord Justice Jackson published his final report on civil litigation costs, says Simon Gibbs, would have seen many of those working in the costs industry updating their CVs.
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Claimant personal injury lawyers angry over Jackson review
Furious claimant personal injury (PI) lawyers have accused Lord Justice Jackson of bowing to the defendant insurance lobby with his radical proposals to cut the costs of litigation, which they say will also reduce access to justice.
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Jackson report published today
Claimant personal injury lawyers and after-the-event (ATE) insurers were nervously awaiting the publication of the Jackson report as the Gazette went to press. After a year of research and consultation, Lord Justice Jackson (pictured) will today reveal his blueprint to reform civil litigation costs with the ...
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News
Legal process outsourcing facing a ‘watershed’ year
Legal process outsourcing (LPO) faces a ‘watershed’ year during which it must prove its value to law firms and in-house lawyers, a report has predicted. Consultants Fronterion said LPO gained the media’s attention during 2009 as several top law firms and in-house teams announced deals, but ...
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Various groups of solicitors represented disproportionately in SRA actions
Various groups of solicitors are disproportionately represented in actions taken by the Solicitors Regulation Authority, but there is no clear pattern, research has found. White solicitors are more likely to face complaints of professional misconduct, for example, while black and minority ethnic (BME) solicitors are more ...
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News
Banks could be first to face US-style ‘opt-out’ class actions
Banks and other financial institutions could be the first to face US-style ‘opt-out’ class actions, the chancellor confirmed this week. During the Financial Services Bill’s second reading in parliament, Alistair Darling said that though he does not want to see ‘the widespread development’ of class actions, ...
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News
Talks on fixed fees for fast-track cases fail
A bid to fix the level of legal fees paid for all ‘fast-track’ cases has failed, the Gazette can reveal. The deadline for a mediation process conducted by the Civil Justice Council, which attempted to reach a deal between insurers and solicitors representing claimants and defendants, ...
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Conservatives pledge to apply brakes to alternative business structures
A Conservative government would seek to slow down the introduction of alternative business structures, shadow justice minister Henry Bellingham revealed last week. Describing ABSs as ‘one more assault on the high-street solicitor’, Bellingham (pictured) predicted that big names would enter the market and cherry-pick the more ...
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News
ABI to introduce new voluntary code on third-party capture
The Association of British Insurers is to introduce a voluntary code of conduct on third-party capture early next year in an effort to appease critics of the controversial practice, it emerged last week. However, claimant lawyers have dismissed the initiative as a tactic to allow insurers ...
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News
‘Dire need’ for solicitors to undertake pro bono work
There is a ‘dire need’ for solicitors to undertake pro bono work, legal aid minister Lord Bach admitted this week. Addressing Monday’s joint national pro bono conference in London, which kicked off National Pro Bono Week, Bach suggested there should be a ‘professional expectation’ ...
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Government retreats on plans for contingency fees
The government last week withdrew plans to create a legislative framework for contingency fees in contentious work. Amendments proposed for the Coroners & Justice Bill aimed to regulate so-called damages-based agreements (DBAs) used in tribunals – which are deemed non-contentious – and also allow the justice ...
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Law firm partners ‘overpaid’, says Mayson
Law firm partners are paying themselves too much and their businesses will struggle to attract external investment because they are not worth as much as the partners believe, a leading commentator has warned. Professor Stephen Mayson, director of the Legal Services Policy Institute, said partners have ...
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News
Legal process outsourcing is ‘here to stay’
Legal process outsourcing (LPO) is ‘here to stay’ and attracting interest from investors, a leading practitioner claimed last week. Mark Lewis, head of outsourcing at City firm Berwin Leighton Paisner, said there are ‘a number of private equity providers knocking around the City offering quite a ...
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Jackson considers raising personal injury small claims limit
Lord Justice Jackson has hinted that he might recommend increasing the small claims limit for personal injury cases if there is no deal on fast-track fixed costs, the Gazette can reveal. His last public address before going into report-writing purdah is being seen as a warning ...
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Personal injury lawyers hit by new fees for RTA claims
Claimant personal injury solicitors face a cut of up to 53% in the fees they receive under a new road traffic accident claims process agreed last week. However, the claimant groups which negotiated the deal with insurers said this will be balanced by a more streamlined ...