Civil justice
The Gazette continues coverage of our final report with Frontier Economics, which has found that the number of civil legal aid providers has dropped by 19% over the past five years.
To stabilise this vital public service, we have called on the UK government to raise fees by 20%, which would cost £134m. £17m would be spent on early advice in key areas, £4.3m on housing and £32m for family cases involving domestic abuse.
Law Society president Nick Emmerson said: “Previous governments have slowly pushed the civil justice system to the brink of collapse by starving it of investment for decades.
“The prime minister and his government have a chance to right the wrongs of the previous administration by properly funding civil legal aid.
“This will ensure that all public services can cope if a family is fighting eviction, tackling housing disrepair or addressing other life-changing issues.”
SRA fines
We tell the Gazette, Legal Futures, Gazette Ireland, Law360 (£) and Solicitors Journal that we have serious concerns about the Solicitors Regulation Authority’s (SRA) proposals set out in its financial penalties framework consultation, which could lead to solicitors being made bankrupt and firm closures.
Law Society vice president Richard Atkinson said: “The SRA does not appear to fully appreciate the impact these proposals could have for smaller firms and individuals with lower incomes and protected characteristics – when it proposes to introduce minimum fine levels.
“Higher fines do not necessarily provide a credible deterrent or maintain public trust and the SRA has not provided empirical evidence to support this claim.
“We strongly recommend the solicitors’ regulator re-thinks its proposals to ensure any changes to its financial penalties’ framework are proportionate and transparent.”
Criminal legal aid
Today’s Family Lawyer, EIN Presswire and Solicitors Journal cover our concern over the rushed bidding process for the new 10-year criminal legal aid contracts.
Law Society vice president Richard Atkinson said: “We think it is wrong that the tender requires firms to bid before the UK government outlines its response to the judicial review judgment, and the consultation on police station and youth court fees, which would see a 2% rise in rates for defence solicitors.
“Both decisions are well overdue and we have stressed the urgent need for clarity direct with ministers and the Legal Aid Agency.
"How can firms make a sound business decision to bid for a new contract, especially one lasting 10 years, without knowing whether these bare minimum criminal legal aid rate increases will ever happen?”
King Prawn Ring
Iceland has applied to trademark its ‘iconic King Prawn Rings’ and asked other supermarkets to stop selling them, BBC News reports.
Giles Parsons, a member of our Intellectual Property Law Committee, said it was likely to be a publicity stunt, adding: "Trademarks are registered for signs in respect of goods and services, such as Nike being a sign registered for footwear.”
The term ‘King Prawn Ring’ is descriptive and it is likely the application would be refused.
Probate delays
According to the latest HM Courts and Tribunals Service (HMCTS) monthly management information on probate applications, it took an average of 9.3 weeks to process in July 2024, compared to 14 weeks in the same month last year.
We tell E Private Client (£) that while this decline shows a promising momentum in improving the probate process, more needs to be done.
International legal conferences
Jonathan Goldsmith, chair of our Policy & Regulatory Affairs Committee, writes in the Gazette in a personal capacity about holding big legal conferences abroad which do not align with a profession that is seeking to be more climate-friendly.
He said: “There are reasons why lawyers travel to these conferences. A small number pursue political careers in the organisation’s hierarchy. More participate in committees devoted to their specialist subjects. And even more, doubtless the majority, attend for the networking opportunities in being able to meet lawyers from around the work and advance business opportunities. All of those are valid reasons.
“But, if we believe that the planet is in grave trouble, and if there are alternate methods of meeting now through video and other platforms, changes must be made. Or are we to say, as rare floods devastate some countries and others burn under unusual heat, that the international legal organisations should be exempt from taking action to reduce their carbon footprint because their revenue streams will be affected?”
Anti-money laundering
The IFC Review and the Payper report that the anti-money laundering (AML) super regulator has found the legal sector lacking in effective AML supervision.
Capacity litigation
The Solicitors Journal, meanwhile, reports on key reforms to capacity litigation. Our guide on Working with clients who may lack mental capacity is mentioned.
Also worth a read:
- Three months on, voters are unimpressed by Labour – Guardian
- PM meets with Donald Trump to build a good relationship – Guardian, BBC News & Independent
- Labour re-thinking non-dom crackdown – Times (£)
- Jenrick says India and other countries should face visa bans if they refuse to take back illegal migrants – Telegraph (£)
- Fujitsu “paying lip service” to Post Office scandal victims – Computer Weekly
- EHRC publishes updated sexual harassment guidance – City A.M.
- Windrush: Three decades of “deep-rooted” racism in government immigration policy – Independent
- Former Cabinet Minister Michael Gove named as new editor of The Spectator – BBC News & The Spectator