Competence
Public supports stronger ongoing competence checks for lawyers
There is near unanimity among the public that lawyers should have to demonstrate more actively than now that they remain competent throughout their careers, the Legal Services Board has found.
Child sex offender loses appeal based on inadequate legal advice
The Court of Appeal has rejected the claim that a man convicted of a sexual offence after a police officer posed online as a child was given inadequate legal advice.
Supreme Court lays out “new legal roadmap” for professional negligence
The Supreme Court has provided a “wholly new legal roadmap” for professional negligence after its ruling last week in two linked cases, the Professional Negligence Lawyers Association has said.
“Abusive” claim against lawyers in Jarndyce-style litigation struck out
A High Court judge has struck out a £58m unlawful means conspiracy claim against a law firm, four solicitors and a QC, which she described as “fatally flawed” and “abusive”.
Law firm fails to strike out claims brought by ex-property clients
A law firm has failed in its bid to strike out claims alleging that it concealed the true purchase prices for properties its clients bought and paid away the surplus without instructions.
Client left it too late to sue law firm, appeal judges rule
A client was prevented by the Limitation Act from suing a law firm for negligence when a fire destroyed her property, the Court of Appeal has ruled.
Fitness to practise regime “can deal with incompetent lawyers”
There must be a “third way” of ensuring that qualified lawyers are competent without relying on disciplinary proceedings, the director of regulation and policy at the Legal Services Board has said.
Firm made unlawful deductions from consultant solicitor’s pay
A law firm was not entitled to make deductions from the pay of a consultant solicitor because it was unhappy with the quality of his work, an employment tribunal has ruled.
DLA fails in effort to stay €12m negligence claim
A High Court judge has refused international firm DLA Piper’s request to stay a €12m professional negligence claim brought against it by a Russian cruise ship company.
Law firm recoups 40% of negligence payout from barrister
A law firm that settled a negligence claim is entitled to recoup some of what it paid from the counsel it instructed, even though proceedings against him were dropped, the High Court has ruled.
Barrister “of good judgement” was not negligent over client’s conviction
A barrister of “good judgement” who had to make rapid decisions in a “pressurised environment” was not negligent even though it turned out her client was wrongly convicted.
Negligent conveyancers cannot dodge liability because of fraud
Negligent conveyancers should not be able to avoid liability because it emerges later that their client was engaged in mortgage fraud, the Supreme Court has ruled.
SRA to review regime for checking solicitors’ competence
The Solicitors Regulation Authority is to launch a review of its approach to solicitors’ continuing competence, amid calls for spot checks or accreditation schemes to reassure consumers.
Appeal judges reject divorcee’s negligence claim
The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.
Negligent advice warning over coronavirus jobs scheme
Lawyers who advised clients on the Coronavirus Job Retention Scheme are at risk of claims as the government looks to claw back payments to which recipients were not entitled.