All Opinion articles – Page 307
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Opinion
Open justice? Open court listings would be a start
A century ago, in Scott v Scott (1913), the House of Lords affirmed the common law rule that courts must administer justice in public. Just last week, Lord Justice Kay cited the ruling when rejecting a request by a Saudi prince for litigation to be heard in private. He ruled: ...
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OpinionCounting the cost of interventions
The cost of law firm failures is being felt across the solicitors’ profession. The Gazette reported recently that the unprecedented bill for the Solicitors Regulation Authority (SRA) intervening in failing firms means that we will all have to pay an extra £23 each towards the compensation fund in the coming ...
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OpinionDefendant firms are turkeys protecting Christmas
This may surprise you, but not all my correspondence is adoring fanmail. Indeed, on some occasions people tell me rather forcefully that I’m wrong, and often in the kind of language that gives our email filter system nightmares. The majority of angry responses come from defendant firms who take issue ...
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OpinionWhy the Magna Carta still has relevance today
What shall we be doing in the summer of 2015? A general election is scheduled for 7 May. If Theresa May gets her way, we shall be voting on whether to denounce a list of rights and liberties that will have been binding on our rulers for little more than ...
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OpinionTactics emerge in costs budgeting
Some interesting points emerged in relation to costs budgeting at IBC Legal’s Impact of Jackson conference last week. By now, many litigators will have had to knuckle down and complete Precedent H – the form through which they must provide the opposing party with an estimate of their costs in ...
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Opinion
Axa calls for three-day limit on whiplash claims
Whiplash claims should be made within three days of the alleged accident and include evidence of physical injury if they are to succeed, insurance giant Axa said today. The recommendations are part of a wishlist for the government to adopt on whiplash, copying models already in place in France and ...
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Opinion
Hollow laugh with High Court application
There is still amusement in the law. I delivered an application to the High Court today. Royal Mail had lost my previous bundle and I thought it best to hand over a substitute in person (ironically, the case is about a judge who believed in the efficacy of the postal ...
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Opinion
Using Google Analytics
GA is a simple piece of code/script that drops a cookie onto a visitor, to track them and their behaviour whilst on your website.
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Opinion
Should we allow non-graduate entry?
SRA chair Charles Plant says there should be a return to non-graduate entry to the profession. Over the years I have thought this too. After all, I am a five-year man myself. At the end of this month I retire and my views have changed. The law too has changed, ...
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Opinion
Speedier ABS processing
In response to Adam Entwistle's letter which was critical of the time taken by the SRA to process an ABS licensing application, I would like to reassure potential applicants that this has speeded up significantly since we introduced changes earlier this year. We listened to the profession, and took into ...
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OpinionChannel 4 is wrong to screen The Murder Trial
The strangest moment I ever faced while reporting a murder trial was some years ago in Braintree. The victim had been killed outside a nightclub and the DJ was giving evidence about the last time he saw the accused: dancing enthusiastically to ‘Oops Upside your Head’ (this really does constitute ...
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OpinionChannel 4 was right to screen The Murder Trial
Last night’s two-hour TV documentary about the Scottish trial of fruit and veg seller Nat Fraser for the murder of his wife Arlene offered a fascinating insight in the reality and banality of the courtroom. Despite the horrific and extraordinary nature of the offence, the programme, even with its sometimes ...
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Opinion
Probate pitfalls
The Law Society’s advertising campaign on behalf of personal injury practitioners is to be applauded. But private client practitioners have long had their own battle with corporate providers of probate services, which include most high street banks. The public is frequently misled and overcharged because they do not go to ...
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Opinion
Time for a ‘sub-profession’ in the law?
The article about interventions in last week’s Gazette, which included a description of the consequences and cost of the collapse of Blakemores, should have us all worried for the future of our profession. It is clear now that our leaders were mistaken when they allowed first advertising and later referral ...
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Opinion
Leader: Restitution would favour those who deliver growth in our economy
As the government limbers up to sell its stake in some of our largest banks
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OpinionPrivate client: a good place to be
There was a very positive mood at the Private Client Section’s annual conference on Friday.
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OpinionThe best of summer holiday reading
It’s the time of year when every respectable journal tells you what reading to pack for the beach, and so here goes. Crime The fiction list for lawyers has not been strong this year. A late contender is the publication in the last few days of the Financial Action Task ...
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Opinion
Legal aid proposals intended to strengthen the power of the state
No one can say that I have not done my bit for the profession
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Opinion
Positive results
Michael Haran’s unfortunate experience of a civil mediation case should not prevent other practitioners from using this valuable resource in dispute resolution. During my early years in practice I had extremely positive results from using civil mediation in a variety of seemingly intractable disputes, ranging from libel, to personal injury ...
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OpinionVulnerable people are most at risk from PCT
The legal profession has been up in arms over the proposed introduction of price-competitive tendering. But no one should be more concerned than individuals living with learning difficulties and disabilities such as autism, because they are the ones most at risk as a result of the changes. Criminal defence specialists ...