Law Society notices

Family law panel - advanced report of the chief assessor/chief examiner

The first round of the Law Society's family law panel advanced examination took place in November 2001, and the results have now been announced.

Overall, 351 applications consisting of 702 individual scripts were considered by the examiners and processed by the Society.

l Applicants had to choose two from among eight subjects including children law (private), limited means, advocacy in ancillary relief, substantial assets, cohabitation, child abduction, violence in the home and emergency procedures in ancillary relief.

l Applicants had to answer a set question (the case study) in relation to each of their two chosen subjects and also provide details of one case (the case report) in relation to each of their two chosen subjects.

To be successful, applicants had to pass both set case studies and have both their case reports approved by the examiners.

l The preliminary marking and comments of the examiners on the applicants were considered by the advisory board to the family law panel (advanced), which is chaired by Mr Justice Coleridge.

Other members of the advisory board include: Steve Orchard, the chief executive of the Legal Services Commission; Mavis Maclean of the Oxford Centre for Family Law; District Judge Robert Hill; Margaret Rae, a partner at Clintons; District Judge Grenville Perry; Bruce Blair QC; and Penny Owston, head of family law at Martin & Haigh.

l The overall pass rate of the applicants was 213, or 61%.

Applicants who failed numbered 116, or 33%.

The number of borderline applicants (to be interviewed) was 22, or 6%.

The pass rate varied in relation to different subjects (see table):

l There was a similar (and higher) pass rate in relation to subjects that normally require public funding: limited means, children, violence in the home, emergency procedures.

l The lowest pass rate was in relation to substantial assets.

l Certain applicants failed the examination as a result of advice that was negligent.

An example was contained in the advocacy in ancillary relief paper by failure to protect the wife's future claims whether by way of adjourned lump sum or nominal periodical payments.

Applicants for future examination are reminded that negligent advice will result in failure of the examination overall.

It was considered that the overall standard was high and applicants who are successful can justly congratulate themselves.

The Law Society received 210 applications in the March 2002 assessment round which are currently being marked.

It is anticipated that the results will be released in early June 2002.

The next assessment round will take place over the weekend of 5/6 October 2002.

Family law panel members wishing to apply for advanced membership of the family law panel in October 2002 should contact the Law Society's information services, tel: 01527 504433 or e-mail panels@lawsociety.org.uk

Pass rates for FLP Advanced examination

Subject Pass Fail Borderline InterviewChildren Law (private) 195 (73%) 60 (22%) - 12 (5%)Limited means 75 (77%) 15 (15%) 1 (1%) 6 (7%)Advocacy in ancillary relief 99 (71%) 37 (26%) 1 (1%) 3 (2%)Substantial assets 13 (57%) 10 (43%) - -Child abduction 3 (75%) 1 (25%) - -Cohabitation 11 (58%) 7 (37%) - 1 (5%)Violence in the home 122 (88%) 16 (12%) - - Emergency procedures in ancillary relief 10 (71%) 2(14.5%) - 2 (14.5%)Overall results 528 (75%) 148 (21%) 2 (0.5%) 24 (3.5%)

Recent information from the Law Society's library

Civil litigation

English v Emery Reimbold & Strick Ltd; D J & C Withers (Farms) Ltd v Ambic Equipment Lts; Verrechia (T/a Freightmaster commercials) v Commissioner of Police for the Metropolis, The Independent, 7 May 2002 (CA).

The Court of Appeal gave guidance on the correct procedure which should be adopted by the courts when hearing appeals brought on the ground that the judge gave inadequate reasons.

Responses to Green Papers: Towards effective enforcement: a single piece of bailiff law and a regulatory structure for enforcement, Lord Chancellor's Department.

National standards for enforcement agents, Lord Chancellor's Department.

The above papers are available on the Lord Chancellor's Web site at: www.lcd.gov.uk/

Landlord and tenant

Commonhold and Leasehold Reform Act 2002 received royal assent on 1 May 2002.

Commencement to be on days to be appointed.

Press release on the subject is available on the Lord Chancellor's Web site at: www.lcd.gov.uk

Distress for rent: consultation

Enforcement review - consultation paper 5: Distress for rent: response to consultation.

Post-consultation report is available on the Lord Chancellor's Web site at: www.lcd.gov.

uk/consult/distress/distresp.htm

Law Society library

The April 2002 updated and revised edition of Legal Resources on the Internet, compiled by Law Society library staff, is now available.

This lists over 300 Web sites for legal research by subject and jurisdiction.

Please e-mail:lib-enq@lawsociety.org.uk to request a copy.

Leaflets on services provided by the library and the practice advice service are now available.

For copies, please contact Jane Webber, tel: 020 7320 5699, or e-mail: lib-enq@lawsociety.org.uk

This list has been compiled by the Law Society's library.

For further information about the contents, or other legal research enquiries, please contact the library, tel: 0870 606 2511 or e-mail: lib-enq@lawsociety.org.uk

Copies of most items are available via the library's charged document delivery service: telephone us for a photocopy application form, or download it from the Internet at: www.library.lawsociety.org.uk

Notices

Solicitors Benevolent Association annual general meeting 2002

Notice is hereby given that the annual general meeting of the Solicitors Benevolent Association will be held in the council chamber of Law Society Hall, 113 Chancery Lane, London WC2A 1PL, on 19 June 2002 at 12pm for the purpose of: receiving the report of the directors on the proceedings of the association and the audited accounts for 2001; electing directors and reappointing auditors; and conducting such other ordinary business, if any, as the rules of the association allow.