All News articles – Page 1476
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News
HSBC's 43-strong conveyancing panel sets alarming precedent
by Jonathan Smithers, chair of the Law Society Conveyancing and Land Law Committee HSBC’s decision to create an unusually small mortgage lender panel of just 43 to serve the whole of the UK raises deep concerns for conveyancing solicitors and a wider issue for the public, ...
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Litigants in person could struggle to secure access to justice
The prospect of a huge increase in litigants fighting their cases themselves in the face of legal aid cutbacks has prompted dire warnings from judges, magistrates, practitioners and support groups about the impact this will have on access to justice. They also fear that HM Courts and Tribunals Service’s plans ...
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Law Society to launch Advocacy Section
The Law Society will next week launch a dedicated advocacy section to build a ‘community’ of solicitor-advocates to match the level of support barristers receive from the Inns of Court. The Advocacy Section will provide mentoring, training and networking opportunities at circuit and national level, the ...
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Judge slams quality of mental health advocacy
A judge has fiercely criticised the quality of advocacy in mental health review tribunals (MHRT) as calls intensify across the profession for the compulsory accreditation of practitioners appearing for mentally ill clients. The judiciary, regulators and bodies representing mental health lawyers are all calling for membership ...
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Court of Appeal orders retrial over Bevan Ashford ‘negligence’ case
A case concerning the standard of advice expected from a newly qualified solicitor in a brief, free, consultation with a distressed client is set for a retrial following an appeal court decision. In Padden v Bevan Ashford, the Court of Appeal overruled a trial judge’s ...
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ATE insurer enters solicitors PII market
A leading after-the-event insurer has confirmed it will enter the solicitors professional indemnity insurance market this year. Elite Insurance will open a book of £3m for smaller, niche firms it has worked with in the past.
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Local authority
Library - Public library - Duty of library authority R (on the application of Bailey and others) v Brent London Borough Council: Court of Appeal, Civil Division (Lord Justices Pill, Richards and Davis): 19 December 2011 ...
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Hundreds of court posts axed
More than 1,200 posts were cut by HM Courts and Tribunals Service last year, just as it faced an upsurge in workload caused by rising numbers of litigants in person. A response to a Freedom of Information (FoI) request by the Gazette discloses that full-time equivalent ...
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HSBC panel ‘backlash’
The Law Society is considering ‘all possible options’ in response to what some practitioners are describing as an unprecedented backlash by high street firms over HSBC’s decision to replace its open conveyancing panel with a panel comprising just 43 firms.
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Mediation, unreasonable behaviour and costs
Mediation as an effective dispute resolution method for civil disputes is well established. Therefore it was not surprising that Lord Justice Jackson reinforced the important role of mediation in chapter 36 of his Review of Civil Litigation Costs Final Report: ‘The most important form of ADR… is mediation. The reason ...
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‘Insurers to blame’ for PI premium hike
The Law Society has said the insurance industry must take the blame for the rising cost of motor premiums, in a high-profile row over personal injury claims. The Commons transport select committee last week said the rising number of personal injury claims was the ‘main reason’ ...
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Competition
Merger - Substantial lessening of competition Claimant airline seeking to purchase 30% share in second respondent airline Ryanair Holdings plc v Office of Fair Trading and another: CA (Civ Div) (Lord Justices Lloyd, Elias and Kitchin): 21 December 2011 ...
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MoJ still spending on consultants
The Ministry of Justice has defended its outlay on consultants after spending more than £43m on external experts since May 2010. A written question in the House of Commons discovered that net spend since the coalition government took power was an average of £2.28m a month. ...
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The ECtHR and Supreme Court have shown shrewd judgement
Sometimes judges can be street-smart clever. The recent pas de deux between the top European human rights court and the UK Supreme Court in Al-Khawaja is a good example.
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CPS unveils smaller legal panel
The Crown Prosecution Service (CPS) today announced the appointments to its new, smaller, advocacy panel. Following an application process that began in March 2011, 2,582 advocates, the vast majority of who are barristers but with around 20 solicitor advocates, have been appointed. From 1 February all ...
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The Stop Delaying Justice! initiative
Stop Delaying Justice! is coming into practice in magistrates’ courts across England and Wales this month. This is an initiative led by the judiciary in the magistrates’ courts, with judges and magistrates working together. The intention is that contested trials will be fully case-managed at the first hearing and take ...
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What the Dickens?
Uh dear. When we asked for readers’ favourite legal characters and quotes from Dickens we really weren’t trying to add to the heap of obloquy piled upon the profession. But is hard to escape the theme. Peter McLoughlin of McLoughlin & Company Solicitors finds ‘a ...