Last 3 months headlines – Page 1326
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Private prosecution pioneer opens
A firm thought to be the first private prosecution specialist in Britain opened in London last week to ‘fill a gap in the tackling of economic crime’. Edmonds Marshall McMahon, established as a legal disciplinary practice, will specialise in fraud, counterfeiting, regulatory offences, corporate crime and ...
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Chancery Lane slams ‘flawed’ BSB report
The Law Society has condemned as ‘flawed and self-serving’ a Bar Standards Board survey alleging a decline in the quality of advocacy. The report, Perceptions of Criminal Advocacy, found that a majority of barristers responding to an online survey blamed pressure on criminal legal aid ...
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Solicitor rapped for ‘frustrating’ tribunal
The president of the Employment Appeal Tribunal (EAT) has backed an employment tribunal’s finding of ‘appalling’ behaviour by a solicitor in a strongly worded judgment.
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Move to close criminal advice loophole
A legal loophole that has allowed police to deny suspects their right to consult a solicitor could be closed by a change in the law. Home Office officials have agreed to propose an amendment to the Police and Criminal Evidence Act (PACE) 1984, imposing a ...
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Signing a will and section 9 of the Wills Act 1837
Decisions on the formalities of the execution of a will usually turn on whether the witnesses were jointly present when the testator signed or acknowledged. In the rather unusual case of Barrett v Bem [2012] EWCA Civ 52, the point in issue was whether the will was signed by the ...
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Difficult to comprehend
I have followed with interest and mounting concern the Gazette’s coverage of fears about the declining standards of interpretation in UK criminal courts, most recently ‘Interpreter mistake causes trial to collapse'.
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Why the overlap?
I note the debate about the future of the Legal Services Board. I remain intrigued and confused. I thought that the Law Society and the Solicitors Regulation Authority represented our professional and regulatory body respectively. Alas, it would seem that this is not the case, ...
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‘Light touch’ OFR?
In her speech on 19 April announcing the delayed dates for the submission of nominations for the appointment of COLPs and COFAs, SRA executive director Samantha Barrass is reported to have said that in support of the nomination ‘a senior manager from the firm must confirm that the firm has ...
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Outmoded example
I do not seek to comment on the broad issues raised by the author of the letter ‘Smelling a rat', but I do take strong issue with the facts set out in the two cases he cites in his argument. In each case he mentions that ...
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PI lawyers rule out ‘deal or no deal’
Personal injury lawyers are refusing to play ‘deal or no deal games’ with the government over fixed fees for smaller cases. The government has written to all stakeholders asking them to suggest a limit for the value of claim that solicitors should be able to charge ...
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MoJ: ‘up to solicitors’ to police damages
A Ministry of Justice official has said it will be up to solicitors to police a key aspect of the civil litigation reforms. Robert Wright, head of civil litigation and funding at the MoJ, admitted last week there is no way for the government to ensure ...
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The competitive advantage of a workaholic practice is presumed, but rarely calculated
Long hours are deeply ingrained in the culture of legal services. In all shapes of practice, they have long been the assumed norm.
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Supreme Court dismisses Seldon age discrimination appeal
The Supreme Court today ruled against a former equity partner who had brought an age discrimination case against his law firm for unlawfully making him retire aged 65. It sent the case back to the Employment Tribunal to decide an issue that remains outstanding.
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Whiplash claims need objective evidence, say insurers
The body representing the insurance industry has called for compensation for whiplash claims to be withheld until there is ‘objective evidence’ of injury. The Association of British Insurers (ABI) has urged the government to look at radical action to tackle growing numbers of whiplash claims. Speaking ...
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In praise of learned Lords
It seems likely that any move to make the House of Lords a predominantly directly elected chamber would reduce the number of lawyers who sit on its red benches. It has been a generation since the Commons, whose traditional hours reflected the need of many MPs to practise law in ...
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French probate
Anyone who has dealt with a probate in England will be familiar with obtaining a grant of probate if there is a will and letters of administration if there is no will. Broadly speaking in England the executors or administrators of the estate are obliged to pay any inheritance tax ...
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Legal aid bill back in Commons for latest ping pong round
The government suffered three more House of Lords defeats to its plans to cut legal aid last night, setting the scene for a further tussle in the Commons today. The parliamentary ping pong follows 11 defeats initially inflicted by peers on the Legal Aid, Sentencing and Punishment of offenders bill, ...
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Clarke in Jackson reform climbdown
Justice secretary Kenneth Clarke today made a surprise U-turn to postpone Jackson reforms for mesothelioma cases. The issue has been the most controversial aspect of part two of the Legal Aid, Sentencing and Punishment of Offenders bill, with the Lords voting for a second time on ...