Letters to the Editor

Who's padding?

Your report on the survey by Costs Auditing of solicitors' costs claims prompted me to look at Accident Line's record of negotiation of claims involving defendant solicitors in personal injury cases (see [2002] Gazette, 4 July, 3) .

We looked at all the claims reported on by our costs negotiators in the past year.

A staggering 99% showed reductions.

The average reduction was more than 25% of the value of those claims.

So now who is padding claims? It is about time defendant insurers and their lawyers stopped blaming success fees and insurance premiums for everything and looked at their own records.

If defendant interests want to keep fighting the war after losing in Callery, then so be it.

But let's not fall for the propaganda that it is all the fault of claimant lawyers or recoverability of success fees and insurance premiums.

David Hartley, Director of Accident Line Services, Abbey Legal Protection

Ambiguous provision

I refer to my letter on the subject of the new edition of the Council of Mortgage Lenders' handbook (see [2002] Gazette, 11 July, 19).

Unfortunately a colleague in my own firm who is a good deal brighter than I has pointed out that my euphoria may be premature.

The meaning of the new provision (5.10.6.3) is ambiguous.

It appears that the draughtsmen's intention was to state that mutual enforceability covenants were, subject to the single exception mentioned in 5.10.6 and 5.10.6.1, not generally required.

However, this is not what the handbook says.

I will not go into the detailed reasoning - suffice it to say that if 5.10.6 and 5.10.6.1 were merged into a single paragraph, and 5.10.6.3 became 5.10.7, and 5.10.6.2 became 5.10.8, it would be a good deal clearer.

Past debates on the subject of mutual enforceability indicate that most lawyers regard such covenants as being of little value and never invoked in practice.

Please would the draughtsmen revisit the provisions urgently, and certainly before the new handbook comes into force on 1 October.

David Briffa, Warners, Tonbridge, Kent

Women dissatisfied

You recently published my letter regarding the number of women leaving the profession and the possible causes (see [2001] Gazette, 7 June, 14).

As a result 750 people visited our Web site (www.lawcare.

org.uk) to view our publication 100 Other Things a Solicitor Can Do, which was referred to in that letter, and we received 100 calls at this office asking for copies.

Interestingly, only three of the telephone callers were men.

I hesitate to draw firm conclusions from these figures without undertaking a proper research project, for which unfortunately we do not have the necessary funds.

Nevertheless it seems to underline a considerable degree of dissatisfaction with their lot among female solicitors.

This is reflected in our helpline calls.

There has also been substantial demand for our latest publication, An Anti-Stress Desk Workbook.

This has been produced to help solicitors and their staff to work effectively to minimise stress.

Copies may be obtained free by telephoning: 01766 512222.

Our helpline is available on 0800 279 6888.

Barry Pritchard, Chief Executive, LawCare Health Support & Advice for Lawyers

Party success

On behalf of the six principal legal charities which benefited from the event (the Solicitors Benevolent Association, the Barristers Benevolent Association, the Institute of Barristers Clerks, the United Law Clerks Society, the Institute of Legal Executives Benevolent Fund and LawCare) may I express warmest thanks and appreciation to all the sponsors, organisers and those who attended the Legal Charities Garden Party at Lincoln's Inn on 19 June.

Prominent among the list of sponsors was the Gazette, which promoted the garden party on several occasions as well as producing the posters and leaflets free of charge.

We also had generous financial help from Coutts & Co, BT Legal Call and The Times.

About 2,000 members of the profession and their guests enjoyed good wine, food and company on one of the few warm pleasant evenings this summer.

We now know that, subject to audit, the funds available for distribution to the charities mentioned above amounts to nearly 29,000, more than 5,000 above the 2001 level.

Richard Griffiths, Chairman, Legal Charities Garden Party committee