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What does the Government’s ‘Final Report: Review of Legal Aid for Inquests’ mean for Advocates? This report was published in February 2019. The section entitled ‘Making sure inquests remain inquisitorial’ at paragraphs 184 – 202 is particularly worth reading. The estimated cost of providing representation for families at inquests where the state is represented (a recommendation under review) […]

High Court rules on key contractual issues in post office group litigation

By Gwendoline Davies, Nick McQueen On 15 March 2019, the High Court handed down its first judgment on substantive issues in the high-profile Post Office Group Litigation, as Commercial Dispute Resolution specialists Gwendoline Davies and Nick McQueen explain. The judgment, which stretches to 315 pages, is notable because it covers many different key contractual issues, […]

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By Christina Gill January 2019 saw two key cases concerning ‘unfair relationships’ between lenders and borrowers. Banking & Finance Litigation specialist Christina Gill looks at Pontearso v Greenlands Trading and Pilgrim Rock v Iwaniuk  and explains the latest key takeaways for lenders. What is an ‘unfair relationship’? Section 140A of the Consumer Credit Act 1974 (CCA) provides […]

The changing face of non-disclosure agreements

By Jo Tunnicliff Business Minister Kelly Tolhurst has announced that the rules surrounding non-disclosure agreements (NDAs) and confidentiality clauses will become more restrictive. We look at the proposed changes and how these could impact employers. How are such agreements used at the moment? Currently, a large number of employers use NDAs and confidentiality agreements to […]

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North west recruitment crisis

ONLY one of the 200 trainee barristers applying to Liverpool-based Exchange Chambers can hope for pupillage there next year. And only one out of 250 applicants for a place at the Manchester office of Davies Arnold Cooper will get the job. The figures make alarming reading for lawyers wishing to work in the north-west. Roger […]

ESSEX

Essex is a small market, which looks north to East Anglia, rather than south to Kent or west to London for work. “I’ve never been sure whether we’re in the South East or East Anglia,” says one local lawyer and many of the firms which are important in the area have practices elsewhere. For example, […]

Costly learning curve

Cleveland County Council is seeking leave to take its judicial review action against the Local Government Commission to the Court of Appeal. By the end of the year many more local authorities in England will have tried to challenge the commission in the courts. Is this merely local authorities fighting for their own survival at […]

Justice calls for insolvency law changes

Justice, the legal campaigning group, has attacked current law for creating a “serious imbalance of power” in the insolvency system by being overwhelmingly prejudicial to small businesses and individuals. The group calls for changes including an insolvency ombudsman, more advice for small debtors, a two-tier bankruptcy system, a national insolvency strategy, a creditors’ charter, and […]

Legal-aid changes problematic

Doing away with the demand-led legal aid system would be riven with practical problems, according to Law Society President Charles Elly in a speech. He warned that the need for legal advice did not fit a predictable pattern, as concern grows that the Lord Chancellor’s imminent green paper on legal aid might seek to cap […]

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