All News articles – Page 1492
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News
Would a US-EU trade deal be good for lawyers?
I have written before about how the current economic crisis is leading to a radical rethinking of structures that impact on lawyers. Here is another initiative which could lead to significant consequences in years to come.
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Pre-litigation offers and part 36
How should pre-litigation offers to settle be treated in the light of part 36 of the Civil Procedure Rules (CPR) and Trustees of Stokes Pension Fund v Western Power Distribution Power Distribution (South West) plc [2005] EWCA Civ 854, [2005] 1 WLR 3595 (Stokes)? This was the question before Lord ...
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Stop misleading the public with costly additional expenses in terms and conditions
I was recently asked to provide a conveyancing quote for a financial adviser who later produced for me a copy of the quote that his client had received via the estate agents. Our quotes were very similar, but on reading their terms and conditions there were ...
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Advocates get a dressing down
When Obiter was at school, non-uniform day was a breath of fresh air - albeit one that set our parents back at least a pound. So imagine the delight for Supreme Court advocates this week as rules on court dress codes were relaxed. The press notice states the court registrar ...
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Economic crises have allowed decisions to be taken at such speed that the voices of professionals have not been heard
One precept remains stubbornly unaltered as the western economies struggle. It is the assumption by the European Commission, the IMF and the European Central Bank (the ‘Troika’) that liberalising markets, by removing ‘barriers to entry’ and encouraging free market competition, inevitably equates to worthwhile gains for consumers.
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Top analyst predicts rash of legal mergers
A leading legal market authority has predicted a rash of mergers at top 50 firms in the next five years. Tony Williams (pictured), founder of consultancy firm Jomati and former managing partner of Clifford Chance, told a conference last week that further consolidation is inevitable as ...
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Bar aptitude pilot a success
A proposed aptitude test for bar students could accurately identify individuals who would do well in their courses, according to pilot studies. The Bar Standards Board proposed the test for students applying for the bar professional training course following the 2008 Wood review. The hour-long ...
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Conflicting messages on asylum
A recent test case involving a former Afghanistan interpreter working for the British army in Helmand province has raised important questions about the decision to prosecute for passport offences and claims for asylum.
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Backlog drives up value of compensation claims
The value of outstanding claims to the Solicitors Regulation Authority’s compensation fund has jumped by 27% in a year. Figures released by the SRA show the value of claims in progress was £214m at the end of October, compared with around £170m 12 months previously. ...
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MASS chief calls for ‘honesty’ over fees ban
The chair of the Motor Accident Solicitors Society has appealed to the insurance industry for ‘honesty’ in the debate over the effects of a ban on referral fees. Addressing the Association of British Insurers conference on Tuesday, Donna Scully, partner at Liverpool firm Carpenters, called ...
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Is the so-called ‘forum bar’ really the panacea claimed by campaigners?
Was the government’s recent extradition review one-sided? The highly experienced extradition solicitor Karen Todner complained in last week’s Gazette that the Scott Baker inquiry did not interview a single defence practitioner.
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Expert witnesses could challenge fees cap
Expert witnesses in family courts are considering legal action over a new cap on experts’ fees in legally aided cases, which can be much lower for witnesses based in London than elsewhere. Dr Judith Freedman, convenor of the 500-strong Consortium of Expert Witnesses in the Family ...
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Clarke outlines judicial diversity push
Justice secretary Kenneth Clarke has unveiled proposals to improve the diversity of judicial appointments by extending flexible working arrangements to include High Court and Court of Appeal judges. The aim is to see more women appointed to senior judicial roles.
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PI lawyers criticise Clarke’s coroner policy
The Association of Personal Injury Lawyers (APIL) has criticised justice secretary Kenneth Clarke’s refusal to allow appeals against a coroner’s verdict. Clarke has scrapped plans to abolish the post of chief coroner after heavy opposition from charities such as the Royal British Legion.
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Statutory reform is needed to create a fair judicial process for cohabitants
by Claire Blakemore, a partner in the family team at international law firm Withers On 9 November the Supreme Court delivered its judgment in Kernott v Jones, a case concerning the property rights of cohabitants.
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Plight of Colombian lawyers dramatised
Human rights lawyers in Colombia live under constant threat of violence and death, according to campaign group Peace Brigades International. At an event at Middle Temple Hall, London, this week, artist Helen Chadwick and actors Joanna Foster, Stephanie Street, Samuel West, Juliet Stevenson and Zoe Wanamaker dramatised, with readings and ...
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Unsafe conviction
Juror - Bias - Defendants conceiving of idea for ‘Lapland New Forest’ attraction R v Mears and another: CA (Crim Div) (Lord Justice Moore-Bick, Mr Justice Butterfield, Mr Justice Irwin): 10 November 2011 ...
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Corrie plays it safe
Residents of Coronation Street no longer need live in fear of miscarriages of justice. Following Memory Lane’s account of the poor legal advice offered to Brian Tilsley back in 1981, we have been assured by Susan Singleton, a member of the Law Society’s press panel, that the programme now consults ...