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Jean-Yves Gilg

Editor, Solicitors Journal

News in brief: week beginning 15 September 2014

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News in brief: week beginning 15 September 2014

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Barristers in the dock, a career judiciary calls for privacy on legal aid fees

BARRISTERS

Perverting justice: The Crown Prosecution Service (CPS) says it has authorised police to charge barrister Andrew Fitch-Holland, of Argent Chambers, with one count of perverting the course of justice, arising from actions relating to his representation of Chris Cairns, the former New Zealand cricketer, who won libel damages of £90,000 in 2012.

SOLICITORS

Race discrimination: The 11-year-old son of a partner at a London-based law rm was barred by a security guard from entering a Sports Direct store and allegedly told: "No Jews, no Jews". David Rosen, who is head of litigation at Darlingtons Solicitors, said Sports Direct had behaved 'impeccably' and removed the 'rogue' security guard: "They were swift to apologise and to deal with it."

EMPLOYMENT

Military reservists: The Reserve Forces (Payments to Employers and Partners) Regulations 2014 have been published. From 1 October, small and medium employers will be able to receive up to £500 per month for each full month a reservist is absent from work (reduced pro rata for parts of a month, or part-time workers). At present, when called up, military reservists are paid directly by the Ministry of Defence and employers can claim expenses in respect of additional costs incurred while replacing the reservist to a maximum of £110 per day. 

CRIME

Phone hacking: Actor Steve McFadden, best known for his role as Phil Mitchell in East Enders, has settled his legal claim against the publisher of News of the World newspaper, News Group Newspapers, for the interception of his voicemails. A settlement was also reached with the Metropolitan Police for selling private information about him to the paper. The police and publisher of the now defunct newspaper joined in a statement, apologising to McFadden for the intrusion into his privacy. They have both agreed to pay substantial damages and his legal costs. The claim is one of the first to succeed against the police for the sale of information. 

PERSONAL INJURY

Marketing collective: First4Lawyers has seen a group of larger personal injury firms return to its panel, apparently in recognition of the need for scale to compete e ectively in the PI market. The marketing collective made a decision earlier this year to open up its panel for the first time in a bid to grow and help firms that might otherwise be 'muscled out of the market' because they lack marketing power. First4Lawyers continues to accept applications to join its panel from rms with a turnover of at least £2.5m.

FAMILY

Mediation project: Organisers of a governmentfunded scheme say it is successfully diverting separated parents away from courtroom battles and helping them negotiate instead. The At-Court Mediation project, delivered by National Family Mediation (NFM), is now half way into its year-long pilot. Jane Robey, NFM chief executive said: "Over 90 per cent of couples who have taken part in an initial mediation awareness meeting have embraced it."

LEGAL AID

Fee privacy: Legal aid lawyers should have the same privacy as doctors when it comes topublicising their income, says Gerald McAlinden QC, chairman of the Northern Ireland Bar Council. McAlinden was at Stormont to speak on the impact of proposed cuts to the legal aid budget. He argued that although GPs wages are made public, individuals are not named. Legal aid expenditure is higher in Northern Ireland than anywhere else in the UK.

PUBLIC

Judicial review: The government's plans to abolish the Local Welfare Provision Fund have been challenged in the High Court from a disabled man in Cheshire. The government's proposes to withdraw £174m in nationwide support for vulnerable residents by April 2015. Islington Council provided evidence to support the claimant's case. Rather than defend its position at a judicial review hearing, the government has signed a consent order agreeing to reconsider the funding of local welfare provision.

COURT

Career judges: The president of the Supreme Court, Lord Neuberger, has said that a combination of recruitment from the Bar and a lack of strategy has led to a judiciary that is "male, white, educated at public school, and from the upper middle and middle classes". He suggested a career judiciary with a potential fast-track could be an option to improve the situation. Neuberger also said there was "scope for more solicitors to be judges".

POLITICS

Executive proposals: The Chartered Institute of Legal Executives (CILEx) has put forward its proposals for the next  government before the 2015 general election. CILEx wants a full review of the Legal Services Act 2007 and calls for a government strategy for the delivery of free legal advice which was a recommendation of the Low Commission's report. Read the full list of CILEx proposals here.

SOLICITORS

Corporate appointment: Bentham Europe, the third-party litigation funder, has appointed a commercial lawyer to as its new chief investment officer. Irwin Mitchell partner Jeremy Marshall will join Bentham in October. Marshall was formerly the head of litigation and dispute resolution at the firm's London office. His experience with particular expertise in UK securities litigation arising out of market misconduct, is seen as key for the funder's expansion into Europe.

LEGAL AID

Firm merger: Bristol firms Watkins Solicitors and Brain Sinnot & Co have announced that they are set to merge as 'a direct result' of legal aid cuts. Watkins Solicitors' senior partner, Beverley Watkins, revealed that the merger was prompted by the removal of public funding for most private family law and education cases by the legal aid cuts, along with increased competition caused by the arrival of ABSs into the market. The new rm will be called Watkins Solicitors (incorporating Brain Sinnott & Co). SJ