The Practical Lawyer


Probate – online service

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In March 2018 the SRA issued a guidance note to solicitors regarding the use of NDAs. The SRA acknowledged that NDAs can legitimately be used to protect commercial interests, confidentiality and reputation. 
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MoJ – IT meltdown

Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts. 
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Costs – rule relaxed

The fixed costs rules in civil litigation were introduced in 2010 because it was felt that the legal fees in many cases were disproportionate to the value of the claim. 
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Brexit – guidance

We have largely avoided Brexit, because of the uncertainty. However, the Law Society has produced online guidance to help prepare for a no deal Brexit covering:
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SRA handbook – changes

A reminder that the SRA will start to phase in its regulatory reforms in April 2019. 
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LiP – service out of time

Recent cuts in legal aid rates have led to an increase in litigants in person (LiP). The CA has allowed one LiP to proceed despite his documents not being submitted to the EAT within the required 42 days.
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Professional – update

The Legal Services Board has approved the SRA’s controversial plans to allow freelance solicitors, and to let regulated solicitors practise from unregulated firms.

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Privilege – legal advice

Legal advice privilege covers communications between clients and their lawyers in connection with the giving of legal advice.

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Professional – update

Firms that advise on insurance, or arrange insurance, for clients need to be aware of new Insurance Distribution Regs.

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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


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