Competence

Claims that the Law Society’s Conveyancing Quality Scheme does little to actually check the quality of the work solicitors do have been rejected by Chancery Lane. It was reported recently that since the scheme was launched in 2010, assessors have visited only 12 of the 3,000-plus members of the scheme.

The High Court has thrown out a £5m fraud and conspiracy claim against a newly qualified solicitor and experienced legal executive who acted for a Docklands developer. Mr Justice Mann said the pair had suffered “years of anxiety” as a result of the claim, “culminating in a trial which they should not have had”.

In what is being hailed as a significant victory for conveyancers, a law firm and estate agency have defeated a claim brought against them after it turned out that the seller they acted for was a fraudster. The fraud only came to light when the real owner walked past his property and saw builders ripping out the kitchen.

There are high levels of consumer satisfaction with legal services, according to a survey commissioned by the Competition and Markets Authority. However, those who were not happy usually did not bother complaining because it was thought to be too time-consuming or would not achieve much.

The “grandiloquent, rhetorical and at times almost facetious” advocacy style of a criminal defence barrister has no place in modern trials, the Court of Appeal has said. It found the barrister “certainly appears to take a considerable degree of satisfaction in having a style all of his own”.

The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud. In its decision, the Court of Appeal had warned that findings of dishonesty, especially against solicitors, should not be made without “the most careful consideration” of what they say in their defence.

A client cannot blame the failure of solicitors to send a land transaction return to the taxman so as to avoid a fine for late filing, a tribunal has ruled. Andrew Oliver appealed against the penalty imposed on him for the failure to submit the return within the 30 days allowed. Instead it was submitted 252 days later.

The conveyancers on both sides of a property fraud have been found jointly liable for the £470,000 loss suffered by the buyer. The ruling of His Honour Judge Pelling QC, sitting as a High Court judge, is the first authority on the obligations owed by a seller’s solicitor to a purchaser.

Solicitors who offer ‘unbundled’ legal advice to help litigants deal with challenging parts of the process provide an “invaluable” service to both the court and litigants, the Court of Appeal said yesterday. In a ruling that gave explicit backing to unbundling, the court refused to read broader responsibilities into a limited retainer.

The Court of Appeal has made an additional finding of negligence against leading London law firm Withers over its drafting of an LLP agreement and increased the £1.6m in damages awarded in the High Court by a further £375,000.

The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property. It considered the lengths that a solicitor is expected to go to beyond facilitating the immediate transaction.

The barrister and law firm with the top High Court win rates in England and Wales will be named later this month, Legal Futures has learned. The names will be included in a report from US analysts Premonition.

Economic pressures forcing solicitors to ‘commoditise’ their advice “throw into sharp focus the need for standard form letters of advice to be clear in their exposition”, the Court of Appeal warned yesterday.

Leading legal academics are developing a blueprint for ethical in-house practice, amid growing evidence that general counsel are under increasing pressure to compromise their professional ethics.

There is a wide range of practice areas where solicitors can offer unbundled legal services, from actions against the police to civil litigation, the Law Society has suggested. It said firms could also use paralegals to act as McKenzie Friends in court.