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Professional – update

Spare a thought for the hapless staff of the UK arm of Slater and Gordon, which has been spun off and is now wholly owned by international hedge funds (although it will continue to trade as Slater and Gordon). Certainly, it is a sad end to a saga that started with the takeover of Russell Jones & Walker in 2012. [2017] LSG 4 September 3.  

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Conflict of interest – White & Case

White & Case has been fined £250,000(!) by the SDT for conflict breaches.

Apart from the massive sums involved, the case does raise considerable concerns for practitioners.  

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Professional – update

The SRA has changed its mind and decided that it is now favouring mandatory price publishing by firms on their websites. Trials will take place (conveyancing is the most likely candidate for this). [2017] LSG 3 July 1.

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PII – SRA?

There is no doubt that many solicitors feel Leigh Day has been harshly treated by the SRA in its disastrous attempt to bring 19 charges before the SDT over the firm’s Iraqi claims.

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SIF – closes 2020!

Apparently, only one-third of all solicitors are aware that the Solicitors Indemnity Fund closes in 2020.

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Services – digital or non-digital?

We all know there are numerous EU directives on e-commerce and the ‘information society’. But, what services are subject to those provisions, and which are outside the information society (and thus subject to local rules)?

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Professional – update

Leigh Day has been cleared of any wrongdoing by the SDT (although that decision seems to have generated far less press coverage than the proceedings against them). A finding against the firm would have had serious implications for the future of public interest litigation. See [2017] LSG 19 June 4.

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Shiner – duty of candour

The striking off of Phil Shiner attracted considerable publicity. As is well known, he actively pursued legal claims against British soldiers who were alleged to have tortured and killed Iraqi civilians.

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SRA – integrity or dishonesty?

From a professional conduct point of view is there any difference between ‘dishonesty’ and a ‘lack of integrity’? In fact, the distinction is very important – traditionally, ‘dishonesty’ involves a subjective element, whereas ‘integrity’ is purely objective.

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‘The file’ – guidance

The Law Society has published new guidance on what a solicitor should do when a client requests a copy of the file. Needless to say, some documents will belong to the solicitors, and those do not need to be handed over. As a result, solicitors should not feel pressurised into handing over the whole file merely because it has been requested by the client; moreover, it should not be forgotten that the pre-action protocol for professional negligence expressly prohibits fishing expeditions (which will often be what these are).

The Law Society advice is:

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Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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