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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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Professional indemnity – ‘aggregation’

The Supreme Court has handed down an important decision on ‘aggregation’ claims in the SRA minimum terms and conditions. In essence, the Supreme Court has emphasised that each case is fact-specific, but for claims to be aggregated it must be shown that they ‘in some way fit together’.

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Accounts – three-way reconciliation

A three-way reconciliation is a comparison between the balance of client money shown in the firm’s cashbook, the bank statements, and the matter balance listing. Most accounting software packages will compare the cashbook balance and the bank statements as part and parcel of the standard bank reconciliation, but many packages then fail to undertake the third step (ie the matter balance listing).

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Partners – gender disparities

Mandatory reporting of earnings disparities between men and women will apply to law firms with more than 250 staff. The comparison between male and female earnings will only apply to salaried (not equity) partners but could lead to embarrassment for some of the larger firms.

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Constructive trusts – property
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The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
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Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
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HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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