All News articles – Page 1448
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News
Big Brother in the Big Society
Civil liberties have few friends in government – only in opposition. Witness the coalition’s decision to hand police and intelligence agencies far-reaching new powers to monitor emails, phone calls and websites. ‘Big Brother WILL be watching you,’ booms today’s Independent.
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HSBC will not face competition probe over panel
The Office of Fair Trading has declined to investigate HSBC over the small size of its conveyancing panel, saying the arrangement does not have a ‘sufficiently negative impact on competition’. East Grinstead sole practitioner Elaine McGloin contacted the watchdog after HSBC announced its new panel in ...
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LeO unveils complaints publication policy
The Legal Ombudsman is to publish the total number of complaints processed against law firms – but not the details of what they have done wrong. The consumer watchdog starts collating complaints from today, ready to publish them for the first time in July. ...
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Complaints publishing feels like a fudge
At what point does a compromise become a fudge? Without doubt, the Legal Ombudsman had a difficult task on its hands deciding how to publish details of complaints. The status quo of printing anonymised case studies was generally accepted to be counter-productive ...
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Three golden rules of regulation
I met representatives of the Legal Services Board and the Solicitors Regulation Authority this week. Among many things discussed, I told them the obvious: that the ease of explanation to outsiders of the UK’s regulatory system for the legal profession has not been improved by the Clementi reforms, but made ...
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£1bn swaps claims going ahead despite settlements
The first wave of funded claims against banks by business owners who bought interest-rate hedging contracts are close to being ready, the Gazette can reveal. Norton Accord, the company that has secured the backing of funds to bring up to £1bn of claims, confirmed today that ...
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Pension lifetime allowance election deadline – 5 April 2012
The ‘lifetime allowance’ is the maximum amount of value that you can accrue within your pension schemes without suffering an additional tax charge on extraction. The lifetime allowance for a partner’s pension pot from all pension sources (excluding state pensions) is currently £1.8m, but this is being reduced to £1.5m ...
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SRA ponders £250m fine limit for firms
The Solicitors Regulation Authority is looking to close a loophole that restricts its fining powers for firms other than alternative business structures. The Legal Services Act 2007 allows the SRA to fine ABSs up to £250m, compared with a limit of £2,000 for traditional law firms. ...
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Committal fee challenge fails
The High Court has ruled that the government’s decision to scrap lawyers’ fees for committal proceedings was lawful. Dismissing the judicial review sought by the Law Society, Lord Justice Burnton cited the impact of legal aid fee cuts on lawyers. 'No one ...
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US extradition treaty ‘one-sided’, MPs report
The extradition treaty between the UK and the US is failing to protect the rights of British citizens, MPs claim today. A report by the House of Commons’ home affairs select committee says that the 2003 treaty makes it easier to extradite a British citizen ...
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Integrity in practice
Discussion continues on the meaning of outcomes-focused regulation, the implementation of the now not-so-new Handbook and the attitude of the SRA to its enforcement. Much of this concerns the retrospective justification of procedures and, in the context of entity-based regulation, whether a breach that is not ...
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Not even £2.60 an hour (unless you’re a mum or dad)
Last week brought excellent news for job hunters in the legal sector – but only if you happen to be a school leaver or a high-achieving lawyer mum or dad.
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Child abduction
Removal outside jurisdiction - Return order - British mother returning from Australia to UK with child Re S (a child) (international abduction: subjective fear of risk): SC (Justices of the Supreme Court Lords Phillips (president), Mance, Kerr, Wilson, Lady ...
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News
What do you know about the European Ombudsman?
In a pretty park in the European quarter of Brussels is situated the local base of an institution that should be better known to lawyers, since it can provide recourse to clients. The world may be filling up with ombudsmen, but the granddaddy of them all (in European terms) is ...
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Something not right about guideline for either-way offences
Does anyone else smell a rat? A new allocation guideline for either-way offences was published earlier this month by the Sentencing Guidelines Council which comes into force on 11 June. Within the guideline it states: ‘It is important to ensure that all cases are tried at the appropriate level. In ...
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A&O sounds note of caution over Asia-Pacific growth prospects
Asia-Pacific economies will not meet the growth expectations of international business because of the slow pace of regulatory reform in China, a magic circle firm has warned. A survey of large international businesses conducted last year by Allen & Overy predicted that by 2020 six ...
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Bank of England job - lawyers need not apply
In the next few months, David Cameron and George Osborne will be looking to recruit a new governor of the Bank of England to succeed Sir Mervyn King when he steps down in June 2013. I trust that no banking lawyer is tempted to apply ...
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Blanket approach to civil claims costs unfair
I write in response to a number of recent letters about the funding of civil claims. The biggest cause of unfair costs is the blanket approach of the success fee and the premiums for after-the-event (ATE) insurance (often far in excess of the price of any car insurance policy). ...
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Recovering costs where both parties have succeeded in some of their arguments
Even though a party may succeed in obtaining a judgment in its favour, the unsuccessful party may have succeeded in defeating some of the successful party’s arguments. The questions which arise in such a scenario are: which party should be awarded its costs? If the successful party is awarded its ...
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Every public body can produce arguments that it is indispensable
Quangos rarely lobby for their remit to be pruned and the legal sector is no exception. So last week we saw an exasperated Law Society call on the £5m-a-year Legal Services Board to begin downsizing, now that most of the reforms in the Legal Services Act are coming to fruition.