Last 3 months headlines – Page 1397
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95 not out
A 95-year-old solicitor has just received his 70th consecutive practising certificate, Obiter has learned. Leslie Black (pictured), a consultant at Merseyside firm Black Norman, was admitted in 1941 and has run a thriving litigation, company and commercial, wills and probate, and licensing practice ever since. ‘Is he working today?’ Obiter ...
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The benefits of joining the residential conveyancing scheme
Despite the challenges from licensed conveyancers, it is believed that between 85% and 90% of the conveyancing market are solicitors. However, it is hard to tell how accurate this figure is. Of only 600,000-800,000 transactions last year (which includes remortgages), the largest Land Registry users include Enact and My Home ...
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An important appeal court judgment relating to contact orders
The decision of the Court of Appeal in the matter of L-W Children [2010] EWCA Civ 1253 has surprised many people. Some have probably used even stronger language. It is probably best if, in this article, I concentrate on analysis and practicalities. ...
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Probate update: RSPCA appeals
What an exciting month December was. We got decisions in the two big RSPCA appeals. In Gill v RSPCA [2009] EWHC 2990 (Ch), at first instance the court held that the will which disinherited Mrs Gill’s only daughter, leaving everything to the RSPCA, was invalid. It ...
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Join the new legal aid LinkedIn group
The Gazette and the Law Society launched a joint LinkedIn group specifically for legal aid solicitors this week. The group will be the leading forum for discussion of legal aid topics, and will help the Society’s legal aid team gather input from solicitors to inform next ...
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Family lawyers hail new code
Family lawyers have welcomed last week’s publication of the long-awaited Family Procedure Rules 2010, which will come into force on 6 April. The new code, published by the Ministry of Justice, provides a single set of rules for proceedings in the magistrates’ court, county court and ...
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Sentencing
Deterrence – Undue leniency Attorney General’s Reference (nos 37, 38 and 65 of 2010) sub nom R v (1) Shahawaz Ali Khan (2) Raza Ali Khan (3) Perveen Khan: CA (Civ Div) (Lord Justice Pitchford, Mr Justice Henriques, Judge ...
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Company law
Share valuation – Unlawful distribution of capital Progress Property Co Ltd v Moorgarth Group Ltd: Sup Ct (Lords Phillips (President), Walker, Mance, Collins, Clarke): 8 December 2010 The appellant company ...
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Social security
Common law rights – Overpayment of benefits R (on the application of Child Poverty Action Group) v Secretary of State for Work & Pensions: Sup Ct (Lords Phillips (president), Rodger, Brown, Kerr, Sir John Dyson): 8 December 2010 ...
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Libel success fees – myth and reality
There is a myth that claimant libel lawyers win almost every libel case they bring and charge double their fees, which must be paid by the defendant, usually a media organisation. The reality is very different. Background ...
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Calls to rethink telephone gateway for civil legal aid
The Law Society and other representative groups have called for a ‘fundamental rethink’ of ‘radical’ government proposals to introduce a telephone gateway for all civil legal aid services. The impact assessments published with the government’s recent legal aid green paper estimate that the introduction of a ...
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Real property
Easements – Right to drive cattle Dewan & Ors v Lewis: CA (Civ Div) (Lords Justices Carnwath, Elias, Pitchford): 9 December 2010 The appellants (D) appealed against a decision that ...
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Profession’s growth 'defies gravity’, SRA figures show
The number of practising solicitors in England and Wales has risen sharply to more than 120,000, with their ranks growing at an accelerated rate despite the economic pressures faced by the profession, the latest figures have shown. One leading industry commentator claimed that the rise ...
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Has Nick Clegg been 'mugged by reality' on control orders?
Will the government abolish control orders? Or are unconvicted terrorist suspects still going to have their movements and contacts restricted under these much-criticised ‘gag and tag’ orders? ‘Control orders cannot continue in their current form,’ insisted the deputy prime minister last week. ‘They must be replaced.’ ...
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EU contract law plea
The expert group tasked with advising the European Commission on EU-wide changes to contract law should have more input from English law practitioners, the Law Society said this week. Society chief executive Desmond Hudson expressed concern that the panel is currently made up primarily of academics ...
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'Boom-bust’ warning for top commercial firms
Top commercial law firms must become more flexible and less reactive to cope with the boom-bust pattern of global markets over the next 10 years, a report by consultants Jomati has suggested. Introducing variable rather than fixed costs, creating links with legal process outsourcers (LPOs), and ...
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Website pioneers advice auction
A Cheshire solicitor has launched a website giving legal advice over the internet to members of the public, who can decide how much they want to pay for it. The site, www.expert-answers.co.uk, was created by property partner James Mather at Ellesmere Port firm Berkson Wallace.
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MoJ favours ban on cash inducements
Claims farmers would be banned from offering cash inducements and other benefits to the public, under proposals put forward by the Ministry of Justice in a consultation paper. In a move to implement one of Lord Young of Graffham’s recommendations in his October report on the ...
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The SRA gears up for what will be a pivotal year for legal services
This year will be pivotal for the delivery and regulation of legal services. We will see the culmination of a process which started in 2003 when the constitutional affairs secretary, Lord Falconer, asked Sir David Clementi to review the regulation of legal services and recommend the framework that ‘would best ...
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'Virtual’ visitor interrupts police interview
The security of the virtual court system has been called into question once again, after a video technician appeared on a virtual court monitor during a confidential police station consultation between a solicitor and his client and began talking to the pair, the Gazette has learned.