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Continuing competence – guidance

June 2024 | Professional

SRA regulated solicitors might be interested to note that the Law Society has released guidance. They state that: ‘We break down what continuing competence for solicitors is, while outlining how to identify your learning needs and remain compliant. This guide covers: overview of continuing competence who must comply SRA competence statement meeting the requirements identifying …

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Client identification – walk-in client

June 2024 | Professional

All those working in law firms understand the importance of robust due diligence on their clients. The SRA has recently rebuked a chartered legal executive for failing to complete the relevant client identification checks when acting for his client. An extract from the SRA’s report on the matter is as follows: ‘2. Summary of Facts …

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SC – directors’ duties

June 2024 | Commercial

The SC has heard a case which, on the face of it, relates only to trade mark infringement but which will be far-reaching in the reframing of directors’ duties. The SC press summary is as follows: ‘Background to the Appeal Mr Kashif Ahmed and his sister, Ms Bushra Ahmed, were directors of Hornby Street Ltd, …

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SC – psychiatric injury

June 2024 | Personal injury

The SC has heard an important case in which the following was considered: can an individual make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence? The SC case summary is as follows: ‘Background to the Appeals The claimants …

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Knotweed – SC decision

June 2024 | Land

The presence of Japanese knotweed on property and the damage that it can cause is rarely out of the news headlines, so all property lawyers should consider a judgment on liability recently handed down by the SC. The press summary is as follows: ‘Background to the Appeal This appeal concerns the tort of private nuisance …

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Fact-finding – experts

June 2024 | Family

The parents of a baby girl (A) challenged (separately) a fact-finding made in care proceedings that one or the other of them had inflicted an abusive head injury on her. There were several grounds of appeal, focused mainly on the expert evidence. The judge found that the trial judge’s final ruling contained a number of …

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Care orders – contact

June 2024 | Family

The judge’s ruling was ‘fundamentally flawed’ in relation to what it included and what was not included. In the course of public law proceedings under Part IV CA 1989, the LA was required to arrange direct in-person contact three times a week between the child (T) and M, despite both the LA and the children’s …

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Practice – court fee increases

June 2024 | Family

A reminder that court fees were increased as of 1 May 2024, by around 10%. The new fees include: filing an application for a divorce, nullity or civil partnership dissolution – £593; amendment of application for matrimonial/civil partnership order – £95; answer to an application for a matrimonial or civil partnership order – £245; application …

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Evidence – hair strand testing

June 2024 | Family

Practitioners should note the court’s current approach to evidence derived from hair strand testing in public law proceedings under Part IV CA 1989. In the CA, Cobb J said: ‘This appeal has brought into focus once again the science of hair strand drug testing – its evidential value in context, its inherent reliability, and its …

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