Law Society notices

NOTICES

Family law panel - advanced

March 2002 assessment round - report of the chief assessor/chief examiner, Marilyn Stowe, senior family law partner, Grahame Stowe Bateson Solicitors, Leeds

The Law Society arranged a second assessment round for membership of the advanced tier of the family law panel to take place as quickly as possible as a consequence of the enhanced payment rates agreed by the Legal Services Commission for advanced members of the panel from April 2002.

The second assessment round took place in March 2002, and the results have now been announced.

An additional 212 applications consisting of 424 individual scripts were considered by the examiners and processed by the Law Society.

Applicants had to choose two from among eight subject matters.

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.

The overall pass rate of the applicants was much improved on this occasion as 141 passed, or 67%.

Applicants who failed numbered 47 (22%) and there were 24 (11%) borderline applicants (to be interviewed).

The examiners took the view that candidates were better prepared for this examination.

The pass rate varied in relation to different subjects as can be seen in the adjacent table.

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

The general ancillary relief paper, known as advocacy in ancillary relief in the November 2001 assessment round but now known as conduct of and advice in ancillary relief also produced an increased standard.

One of the least popular papers and one of the lowest pass rates was in relation to emergency procedures in ancillary relief.

The family law panel examination board has noted this outcome and now intends to include this subject within the other ancillary relief papers.

The board took the view that in practice it is rare to find a practitioner specialising solely in emergency remedies in ancillary relief.

It was also decided that in view of the low numbers of specialist applicants for child abduction & wardship this paper would only be offered once per year.

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

An example was contained in the complex assets paper by failure to advise protection of the respondent wife's future claims in circumstances where she intended shortly to remarry.

Applicants for future assessment rounds are reminded that paragraph 8 of the family law panel advanced procedures states: 'Where the assessor considers that the answers to the set case study(ies) or the case reports are fundamentally wrong in law and/or practice, or raise ethical and conduct issues a recommendation to refuse that application may be made irrespective of the overall mark obtained'.

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

The Principal Registry of the Family Division

The Principal Registry of the Family Division is operating to a president's direction on judicial continuity.

The direction applies only to cases proceeding in the Family Division of the High Court at the Royal Courts of Justice in London.

Copies of the documents being worked to can be seen on-line in the family specialism section at: www.lawsociety.org.uk.

Recent information from The Law Society's Library

Companies

Industrial and Provident Societies Act 2002, chapter 20.

Royal Assent 8 July 2002, scheduled to come into force two months after this date.

Amends the procedure whereby such a society may convert itself into, amalgamate with, or transfer its engagements to, a company.

Visit: www.legislation.

hmso.

gov.uk/acts.htm

Easements

SI 2002:1711 Vehicular Access Across Common and Other Land (England) Regulations 2002.

Regulate the procedure to be followed by persons wishing to apply for an easement subsisting at law for the benefit of premises and giving a right of way for vehicles over common or other land pursuant to section 68 of Countryside and Rights of Way Act 2000.

Coming into force in accordance with regulation 1(1) on 4 July 2002.

Visit: www.

legislation.hmso.gov.uk/stat.htm

Evidence

Code of guidance on expert evidence: a guide for experts and those instructing them in court proceedings.

Produced by the working party established by the Head of Civil Justice (2001).

CPR code of guidance for experts and those instructing them by the Academy of Experts (revised 2001).

Landlord and tenant

Commonhold law: the introduction by Trevor M Aldridge (Sweet and Maxwell, 2002, ISBN 0421758902).

A guide to the new system of property ownership introduced by the Commonhold and Leasehold Reform Act 2002.

Magistrates

Magistrates' courts criminal practice 2002: ed David Brewer and others (Jordans, 2002, ISBN 0853087539).

This publication contains codes of practice, forms, practice directions, legislation and procedural guidance on criminal practice in the magistrates' courts.

Negligence

Contributory negligence by Justin Levinson (EMIS Professional Publishing, 2002, ISBN 1858112923).

This guide to the Law Reform (Contributory Negligence) Act 1945 covers the principles of the defence of contributory negligence as well as relevant case law.

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

For further information, 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 the library for an application form, or download it at www.library.lawsociety.org.uk