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Fee compromise – wide release clause

There has been a very interesting decision involving an agreement between a firm of solicitors and its former client over unpaid fees, with the terms of the compromise settlement then prohibiting the client (and associated company) from suing for negligence over the claim that was being handled. There are lessons in it for all solicitors.
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PII – disclosure obligations

The minimum terms and conditions of PII cover are being changed to bring them in line with Insurance Act 2015. The result will be a higher standard of disclosure imposed on solicitors.
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Moves – anti-poaching

The sudden loss of a profitable team can be a devastating blow to any practice. That is why most partnership agreements contain provisions designed to deter such movement. But, it can be difficult to find the right balance. Some suggestions are:
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SDT – Principle 1

There have been concerns raised about the way in which the Solicitors Disciplinary Tribunal has been interpreting Principle 1: ‘you must uphold the rule of law and the proper administration of justice’.
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Costs budgets – Precedent H

The new costs budgeting rules came into force on 6 April 2016. The most important change involves the times for filing the Precedent H form. If the claim is valued at less than £50,000, it now needs to be filed with the directions questionnaire. If the case is valued over £50,000, a Precedent H must be filed 21 days prior to the costs and case management conference (CCMC).
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Client advice – general risks

Specialist tax solicitors were sued by a client over a failed tax avoidance scheme. While their advice about the scheme was not negligent, they were negligent in failing to give a ‘general warning’ (eg that HMRC might challenge the scheme).

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Accounts rules – ‘risk’

The old list of prescribed work and test procedures to be carried out by accountants when reviewing law firm accounts has been replaced by r43.A.1, which requires accountants to exercise their ‘professional judgement’ in deciding how much work is needed.

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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.

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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.

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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). 
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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
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.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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