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Legal advice privilege – wider

At the same time, the CA has made a welcome intervention with regards to legal advice privilege. This form of privilege applies to communications between clients and their lawyers in connection with the giving of legal advice.

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Litigation privilege – wider

The CA has clarified the scope of litigation privilege. This follows widespread concern about a High Court decision which had taken a narrower view.

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Professional – update

From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims. 
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SDT – multi-party cases

In a professional disciplinary case, the SRA and the solicitor can reach a settlement.

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Courts – reductions

The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022.

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Professional – update

The SRA proposes that the Compensation Fund would effectively be transformed into a ‘Hardship’ Fund (ie only for those wronged clients who are most in need). 
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Witness – evidence

A trial witness must not discuss their evidence while they are under oath. The importance of this was illustrated in a recent ET case when the applicant spoke to a journalist during a break in the course of giving her evidence.
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Conduct – honesty or integrity?

To what extent are ‘honesty’ and ‘integrity’ synonymous for SRA disciplinary purposes? 
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Money laundering – update

The SRA has updated its guidance on MLR responsibilities. This new guidance is far more prescriptive of the measures that firms must take to ensure compliance.

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Probate fees – increase
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We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
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Service charges – recovery of more than 100%?
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We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
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With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
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The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
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Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
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The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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