Guest post: Where next for the Law Society after no-confidence vote?

The Law Society, if nothing else, is a decent host and members attending the special general meeting (SGM) on Tuesday (17 December) were treated to KitKats among the refreshments on offer. Appropriately enough they were the two-finger variety, which is certainly the gesture some see the vote of no-confidence in president Nick Fluck and chief executive Des Hudson to be. Continue reading “Guest post: Where next for the Law Society after no-confidence vote?”

Countdown to closure as 117 law firms fail to obtain PII

Over 100 law firms have less than two weeks to obtain professional indemnity insurance (PII) failing which they must close their practice by 29 December, the Solicitors Regulation Authority (SRA) announced today (18 December).

The regulatory body has identified a total of 117 law firms still requiring insurance as of 16 December – none of which have been allowed under PII regulations to bring in new business since 1 November – and is helping them to prepare for closure. Continue reading “Countdown to closure as 117 law firms fail to obtain PII”

Fraying consensus – Law Society mired in controversy again as leadership loses legal aid confidence vote

The fall-out over the Government’s highly controversial legal aid reforms continues as the Law Society‘s leadership today (17 December) lost a high-stakes confidence vote on its divisive ‘direct engagement’ policy with the Ministry of Justice (MoJ).

The vote at the special general meeting (SGM) at Chancery Lane this morning saw a no confidence motion narrowly passed. The Law Society confirmed via twitter that the total votes equated to 228 for the motion, with 213 against. More than 500 attendees had descended on Chancery Lane this morning for the SGM.

Continue reading “Fraying consensus – Law Society mired in controversy again as leadership loses legal aid confidence vote”

Unsettled forecast for 2014 as MoJ unveils court fee consultation and CBA announces legal aid strike

Following a year of protests over legal aid cuts and court reforms from a profession better known for its quiet conservatism, 2014 promises more of the same after the government this month launched a consultation over the levying of sizeable court fees in commercial claims and the Criminal Bar Association (CBA) announced a half-day strike of its members on 6 January.

The Ministry of Justice’s (MoJ’s) consultation on fees includes a proposal for imposing percentage-based court fees that could see the cost of a £400,000 piece of commercial litigation increase by £20,000, with around five percent added on top of the total running costs. Continue reading “Unsettled forecast for 2014 as MoJ unveils court fee consultation and CBA announces legal aid strike”

Guest post: My thoughts (as a citizen) on Lord Sumption’s Azlan Shah lecture

On 20 November, Lord Sumption (Justice of the Supreme Court) delivered the 27th Sultan Azlan Shah Lecture in Kuala Lumpur – The Limits of Law. This was followed by Lord Justice Laws on 27th November in the Hamlyn Lectures 2013 – see Lecture 3 Common Law and Europe. A further lecture on human rights was delivered in Warwick by Lady Hale (Deputy President of the Supreme Court) on 28th November – Lady Hale at the Warwick Law Lecture 2013 – What’s the point of human rights?

These speeches / lectures are not only legally informative but they reveal something of the personalities of the speakers and their attitudes to the vastly important topic of human rights protection as it applies both in Europe and in the UK. Continue reading “Guest post: My thoughts (as a citizen) on Lord Sumption’s Azlan Shah lecture”

141 law firms in final closure warning to gain cover as research claims partners ignorant of insolvency risk

While there are signs of recovery at larger law firms, fresh evidence of the pressure on smaller practices has emerged this week with the Solicitors Regulation Authority (SRA) confirming that 141 law firms unable to gain insurance cover are now entering a final period before they face an enforced wind-up.

Continue reading “141 law firms in final closure warning to gain cover as research claims partners ignorant of insolvency risk”

141 law firms in final closure warning to gain cover as research claims partners ignorant of insolvency risk

While there are signs of recovery at larger law firms, fresh evidence of the pressure on smaller practices has emerged this week with the Solicitors Regulation Authority (SRA) confirming that 141 law firms unable to gain insurance cover are now entering a final period before they face an enforced wind-up.

The 141 firms have moved into the middle of a 60-day ‘cessation period’, which began on 1 November. 277 law firms initially failed to gain insurance cover by 1 October, as required, triggering SRA oversight. 153 firms still had no cover by 30 October, stopping them from taking on new instructions. The 1 October deadline triggers a 90-day extended policy period (EPP), a professional ‘last chance saloon, which this year replaced the old system of the assigned risk pool for struggling law firms that cannot gain professional indemnity cover.

Continue reading “141 law firms in final closure warning to gain cover as research claims partners ignorant of insolvency risk”

Tough on the high street – 153 law firms enter last chance saloon after failing to gain cover

In further evidence of the intense pressure facing small practices, the Solicitors Regulation Authority (SRA) today (31 October) announced that 153 law firms are at threat of closure after having failed to secure professional indemnity insurance (PII) cover.

Under the new PII arrangements – introduced this year to replace the old assigned risks pool – these solicitor firms will now enter a 60-day ‘cessation period’ in which firms can only deal with existing instructions while they seek an insurer. Those failing to gain cover by 29 December will be required to close.

Continue reading “Tough on the high street – 153 law firms enter last chance saloon after failing to gain cover”

Guest post: R (PressBoF) v Culture Secretary: the hearing

I was in court 68 at the Royal Courts of Justice yesterday morning (30 October) to hear the Press Standards Board of Finance’s (PressBoF) urgent application for interim relief – an injunction – to stop the government from getting the cross-party press regulation Royal Charter granted by the Queen in Privy Council this afternoon. The Privy Council was due to ‘meet’ at 5.30pm (these are very short meetings in which everyone stands, I’m told; the meeting would be a constitutional formality); the hearing began at 10.30am.

Right from the start, Lord Justice Richards made clear he thought the court could deal not only with the application for the injunction, but with the question whether permission for judicial review should be granted. That surprised me, and I suspect some others in court.

Continue reading “Guest post: R (PressBoF) v Culture Secretary: the hearing”

Guest post: Prerogatives, power and press regulation

I make no apology for returning to the question of the Royal Charter on Self-Regulation of the Press. This was discussed in my earlier post of 14 October, which concluded by noting: ‘Perhaps the Charter will somehow be challenged before the courts. Unless that happens, the existence of a prerogative power to regulate the press is likely to become accepted given that the Charter itself effectively claims a prerogative right to do so by using the words: “Now know ye that we by our prerogative royal …..will, ordain and declare ….” It might then be wondered what might be ordained and declared at some time in the unknown future when some further need for State Control over some activity is perceived.’

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