The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Professional

Professional – update

The difficulties in the personal injury sector are well illustrated by recent results: Minster Law lost £35m last year, and Raleys (well known for coal claims) went bust [2016] LSG 21 March 3, while Slater and Gordon – struggling under last year’s £500m loss – is contemplating major restructuring and redundancies [2016] LSG 11 April 4. On a more upbeat note, the Co-op, which has already been through its restructuring, has moved from a £5m loss to a £700,000 profit. [2016] LSG 11 April 1. Quality Solicitors meanwhile is also changing its direction (again!) and is becoming increasingly allied with property services firm Move With Us; its last filed accounts showed a loss of £2.7m.

Subscribers only...
 

Professional – deposit protection

The Law Society has updated its practice note on deposit protection for client accounts following the protection limit being reduced from £85,000 to £75,000.

Subscribers only...
 

Client account – not a bank facility

The Law Society issued guidance on 18 December 2014 on the improper use of client accounts as banking facilities for clients (see our November 2015 issue, p34). 
Subscribers only...
 

Implied retainer – duty of care?

Another reminder of the importance of having a clear retainer letter which sets out who the client is, and the scope of liability. This is particularly important if you are acting for a company – are you, or are you not, also acting for the individual directors?
Subscribers only...
 

Free advice – friends

We have all given free advice to friends. The dangers of doing so are well illustrated by a recent case involving an architect.
Subscribers only...
 

Accounts rules – client-to-client transfers

Rule 27.2 says that if a private loan is to be made by (or to) joint clients, the consent of each client must be obtained. Often, such instructions are made orally by a lender. But, it is important to get the written authority from both lender and borrower on the file.
Subscribers only...
 

Professional – update

The Slater & Gordon saga rumbles on; the firm posted a loss of £492m for the half (!) year, largely because of the mess it made in buying the assets of Quindell [2016] LSG 7 March 1. Old hands will often suggest that the time to settle a claim with a law firm that is in financial strain is just before the end of the billing quarter or billing month – when staff are under enormous pressure to meet their targets.
Subscribers only...
 

Web browser – Explorer

Microsoft’s web browser, Explorer, has always been regarded as somewhat clunky and insecure. Now, however, Microsoft has abandoned earlier versions and will only provide support for the most recent version (v11). Moreover, according to a recent report, some 60% of small and medium-sized businesses are using those older, unsupported, versions.

Subscribers only...
 

Client care – ADR notice

The ADR directive requires law firms to provide ADR information to clients. Accordingly if you have not already amended your client care letter to include a reference to an ADR-approved body, you should do so immediately to avoid potential disciplinary action by the SRA.

Subscribers only...
 

Professional – update

News that the AA has closed its legal business (largely PI) will surprise few [2016] LSG 25 January 4. Likewise, the news that Slater & Gordon is considering some office closures [2015] LSG 1 February 3. On the other hand, Burford (which claims to be one of the largest litigation funders in the world) has now been granted an ABS licence, which opens up the prospect of a litigation funder putting cash into its own law firm [2016] LSG 18 January 1. Also on the funding front, Cardiff-based Capital Law has set up its own litigation fund (apparently up to £50m) to offer direct finance to clients [2016] LSG 1 February 1.

Subscribers only...
 


Page 6 of 31

Most-read articles

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...

Resources

IAG International
MSI Global Alliance
www.totallylegal.com
In House Lawyer
Join the IBA now!