Code Amendments Legal Advice Centres
|
|
- Charity Gregory
- 7 years ago
- Views:
Transcription
1 Code Amendments Legal Advice Centres The Bar Standards Board would like to make the following amendments to the Code of Conduct using the de minimus process if possible: 1) An amendment to rule 807 in light of s194 Legal Services Act 2007 that allows for pro bono costs orders to be paid to prescribed charities (such as the Access to Justice Foundation). 2) An amendment to the definition of Legal Advice Centres in Part X of the Code of Conduct to reflect the fact that waivers are now granted by the Solicitors Regulation Authority rather than the Law Society 3) An amendment to the definition of Legal Advice Centres in Part X of the Code which currently refers to the Employed Solicitors Code 1990; this has now been repealed and replaced by the Solicitors Code of Conduct Background: 1. Rules 806 and 807 in the Code of Conduct apply to barristers working at Legal Advice Centres: Legal Advice Centres 806. A barrister may supply legal services at a Legal Advice Centre on a voluntary or part time basis and, if he does so, shall in connection with the supply of those services be treated for the purpose of this Code as if he were employed by the Legal Advice Centre A barrister who is employed by a Legal Advice Centre: (a) must not in any circumstances receive either directly or indirectly any fee or reward for the supply of any legal services to any client of the Legal Advice Centre other than a salary paid by the Legal Advice Centre; (b) must ensure that any fees in respect of legal services supplied by him to any client of the Legal Advice Centre accrue and are paid to the Legal Advice Centre; (c) must not have any financial interest in the Legal Advice Centre. 2. A Legal Advice Centre is defined in part X of the Code: "Legal Advice Centre" means a centre operated by a charitable or similar noncommercial organisation at which legal services are habitually provided to members of the public without charge (or for a nominal charge) to the client and:
2 (a) which employs or has the services of one or more solicitors pursuant to paragraph 7(a) of the Employed Solicitors Code 1990 or for whom the Law Society has granted a waiver, or (b) which has been and remains designated by the Bar Standards Board as suitable for the employment or attendance of barristers subject to such conditions as may be imposed by the Bar Council or Bar Standards Board in relation to insurance or any other matter whatsoever; Issues: 1) Pro Bono Costs Orders 3. Rule 807(b) requires that a barrister must ensure that any fees in respect of legal services supplied by him to any client of the Legal Advice Centre accrue and are paid to the Legal Advice Centre. This rule requires amendment in light of s194 Legal Services Act 2007 that allows for pro bono costs orders to be paid to prescribed charities (such as the Access to Justice Foundation). See Annex 1 for an article by Jeremy Morgan QC which sets of the process and Annex 2 for s194 of the Legal Services Act S.194 enables a court to make an order, equivalent to an order for inter party costs, against the opponent of a litigant who has been represented pro bono. However, unlike a normal costs order under which the beneficiary is the successful litigant, the beneficiary of a s.194 order is the Access to Justice Foundation. The legislation is permissive rather than mandatory and so requires a positive application for a costs order to be made. 5. If a barrister represents a client in a civil matter as counsel instructed by the Legal Advice Centre, they would be in breach of rule 807 if they sought and were granted a pro bono costs order as it would arguably be a fee for the supply of legal services that would be then paid to the Access to Justice Foundation rather than the Legal Advice Centre. 6. The Bar Standards Board has agreed that rule 807 should therefore be amended to read: 807. A barrister who is employed by a Legal Advice Centre: (b) must ensure that any fees in respect of legal services supplied by him to any client of the Legal Advice Centre accrue and are paid to the Legal Advice Centre ;or to the Access to Justice Foundation or other such charity as
3 prescribed by order made by the Lord Chancellor under s194(8) of the Legal Services Act ) Definition of Legal Advice Centres in the Part X of the Code a) Waivers 7. Part (a) of the definition of Legal Advice Centres in Part X of the code mentions waivers granted by the Law Society: (a) which employs or has the services of one or more solicitors pursuant to paragraph 7(a) of the Employed Solicitors Code 1990 or for whom the Law Society has granted a waiver, or 8. This definition needs to be updated to take into account the fact that waivers are now granted by the SRA rather than the Law Society (Law Society should be replaced with Solicitors Regulation Authority see para 10 of this paper for the amendment). b) Reference to the Employed Solicitors Code The definition of Legal Advice Centres in Part X refers to the Employed Solicitors Code 1990 which has been amended and has now been repealed and replaced by Solicitors Code of Conduct The relevant provisions are SRA Rules and 13.09: Pro bono work (1) You may, in the course of your practice, conduct work on a pro bono basis for a client other than your employer or authorised non-sra firm provided: (a) the work is covered by an indemnity reasonably equivalent to that required under the Solicitors' Indemnity Insurance Rules; and (b) either: (i) no fees are charged; or (ii) a conditional fee agreement is used and the only fees charged are those which you receive by way of costs from your client's opponent or other third party and pay to a charity under a fee sharing agreement. (2) Paragraph (1) above does not permit you to conduct work on a pro bono basis in conjunction with services provided by your employer under (Associations), (Insurers), (Commercial legal advice services) or (Foreign law firms) Law centres, charities and other non-commercial advice services
4 (1)If you are employed by a law centre or advice service operated by a charitable or similar non-commercial organisation you may give advice to and otherwise act for members of the public, provided: (a) no funding agent has majority representation on the body responsible for the management of the service, and that body remains independent of central and local government; (b) no fees are charged save: (i) where the client is publicly funded; or (ii) where the organisation indemnifies the client in relation to your Costs insofar as they are not recoverable from any other source; (c) all fees you earn and costs you recover are paid to the organisation for furthering the provision of the organisation's services; (d) the organisation is not described as a law centre unless it is a member of the Law Centres Federation; and (e) the organisation effects indemnity cover reasonably equivalent to that required under the Solicitors' Indemnity Insurance Rules. 10. The Board has agreed that the following amendments should be made to the definition of Legal Advice Centres in Part X of the code: "Legal Advice Centre" means a centre operated by a charitable or similar noncommercial organisation at which legal services are habitually provided to members of the public without charge (or for a nominal charge) to the client and: (a) which employs or has the services of one or more solicitors pursuant to rules and of the Solicitors Code of Conduct 2007paragraph 7(a) of the Employed Solicitors Code 1990 or for whom the Solicitors Regulation AuthorityLaw Society has granted a waiver, or Following the significance, risk and impact framework I would suggest the changes should be exempted for the following reasons: Significance The amendments are minor and reflect new statutory provisions and the delegation of regulatory functions from the Law Society to the SRA. The amendments would not have required approval under the old MoJ process;
5 The amendments do not have any adverse impact on the regulatory objectives in the Act and are consistent with the Better Regulation Principles. The changes do not require a statutory instrument and / or parliamentary time in order to be considered. Impact The impact of these code amendments will be minimal, they reflect statutory provisions. Risk If an amendment to rule 807 is not made, a barrister representing a client in a civil matter as counsel instructed by the Legal Advice Centre would be in breach of rule 807 if they sought and were granted a pro bono costs order as it would arguably be a fee for the supply of legal services that would be then paid to the Access to Justice Foundation rather than the Legal Advice Centre. Consultation and an equality impact assess are not required because the code amendments are minor and reflect new statutory provisions and the delegation of regulatory functions from the Law Society to the Solicitor s Regulation Authority. If you require any further information or if you feel it would be useful to meet up to discuss this please feel free to contact me. Clare Vicary May 2011 Annexes: 1) Annex 1: Section 194 Legal Services Act 2007 article by Jeremy Morgan QC 2) Annex 2: S194 Legal Services Act 2007
6 Annex 1 Article by Jeremy Morgan QC Section 194 Legal Services Act 2007 Pro bono came of age on October 1st That was the day when s.194 Legal Services Act 2007 came into effect, conferring legislative recognition of pro bono legal services and enabling a valuable new source of financial support for organisations (such as law centres) which provide free legal services and the pro bono charities that organise the provision of free legal services. This article is intended to provide practitioners with an introduction to the new system. S.194 enables a court to make an order, equivalent to an order for inter party costs, against the opponent of a litigant who has been represented pro bono. However, unlike a normal costs order under which the beneficiary is the successful litigant, the beneficiary of a s.194 order is the Access to Justice Foundation. The Access to Justice Foundation The Foundation is a charity the objects of which are to receive and distribute additional financial resources which will ultimately benefit those, like advice agencies, law centres and pro bono organisations, who help to provide pro bono legal advice or assistance to those who need it most. The Foundation distributes some of the funds it holds, whether from s.194 orders or other sources, through Regional Legal Support Trusts modelled on the successful example of the London Legal Support Trust. Other of the funds it holds are distributed directly to the national pro bono organisations, which deploy pro bono legal expertise both here and in the developing world. The aim of this structure is to provide a single national body to enable a strategic approach to the distribution of this extra support for legal assistance, coupled with regional bodies to identify specific local needs. The Foundation is not an alternative to Community Legal Service funding, nor is it ever likely to have the resources, inclination or structure to make it so. It does not, for example, directly fund legal representation in individual cases at all. Rather it aims to provide financial support where most needed to organisations such as those described above, which assist those to whom LSC funding is not available. The statutory scheme S.194 sets out the criteria for the making of an order, and provides for these to be supplemented by Rules of Court. S.194 orders may only be made by a civil court, which is defined as the Court of Appeal (civil division), the High Court and the county court. Such orders may be made in any proceedings in which a party had legal representation, all or part of which was provided free of charge. They may be made even if one of the party s legal representatives (say, counsel) was not acting free of charge. They may not, however, be made against a party who was himself wholly represented pro bono or under LSC funding. In deciding whether to make an order the court must have regard to what costs order would have been made if the party applying for the order had not been represented pro bono (s.194(4)), and cannot make a s.194 order for more than the amount which would have been determined under a conventional costs order (CPR 44.3C(2)). Although the order must provide for payment to the Foundation (CPR 44.3C(3)), the mechanism for this is that the pro bono represented litigant is treated as the receiving party and is therefore the one to apply for the order and to quantify the costs. S/he is bound to notify the Foundation by sending it a copy of the order within 7 days of receiving it.
7 S.194 contains an important transitional provision. No s.194 order may be made in respect of representation provided before 1st October, but the corollary must be that such an order may be made in cases on-going at 1st October in relation to work done after that date. The Costs Practice Direction has been amended to take account of s.194 orders. Bills of costs under s.194 must not include VAT (para. 5.21). Para. 6.2, which concerns estimates of costs, has been adapted to extend them to pro bono cases. The assessment of s.194 costs may be either summary or detailed, as in the case of ordinary costs (CPR 44.3C(2)). Although the rules for when summary assessment should be used are no different in s.194 cases, it is anticipated that there will be a tendency to opt for summary assessment where possible. How does this affect the parties to pro bono litigation? In one sense the new regime operates to level the playing field between the litigant represented pro bono and his conventionally represented opponent. The threat of costs will henceforth be a weapon in the armoury of the pro bono litigant (just as to date it has been in the armoury of his opponent), and the new exposure to adverse costs will cause the opponent to adopt a more cautious approach to his opposition. S.194 will undoubtedly bring more opponents to the negotiating table and be an important factor when negotiations are taking place. In another sense, though, the playing field is not level. Pro bono litigants remain liable for any costs which are ordered in favour of the opponent, but their impecuniosity continues to make that risk more theoretical than real in many cases. S.194 does not contain an equivalent to the shield against inter partes costs orders that LSC funding carries by statute, but it does not need to do so: the shield is created by the impracticality of getting money out of most pro bono litigants. Pro bono advisers should not, though, adopt too casual approach to this: bankrutpcy remains a remedy to the opponent of an impecunious litigant, and pro bono clients are as exposed to this as much as any other litigant with insufficient resources. The creative opponent of an unsuccessful pro bono litigant who seeks to level the playing field by seeking an order for costs against the Foundation under s.51 Supreme Court Act 1981 will, however, be disappointed. The Foundation meets none of the criteria for the making of such an order. It will not usually even know of the existence of the litigation until an order under s.194 has been made: it will never be in a position to control or direct the litigation and it does not fund it in any way. It is simply the recipient of any costs that are obtained from an opponent. If those who backed Neil Hamilton MP s unsuccessful libel action against Mr. Al Fayed were held to be pure funders and not susceptible to a s.51 order because of their lack of control of the litigation, charitable motives and lack of financial stake in it other than for the return of their funds, the Foundation, which is a registered charity, designated as recipient under a statutory regime and serving the public interest, and which has provided no funds and has no control and no greater financial stake in the outcome, must be equally free from risk see Hamilton v Al Fayed (No.2) [2003] 1 QB There is one practical issue which needs careful consideration. This concerns what happens in a case where there is a series of costs orders going either way. If the first order is made in favour of the Foundation and the second made in favour of the opponent, it will not be possible to direct a set-off of these orders, as they lack the mutuality essential for ordering set-off: as a later court has no general power to revoke an earlier order, both will stand and be enforceable. There is an obvious unfairness about such a result. The solution is to invite the court in pro bono cases to reserve costs until the trial or other final hearing, preferably with a note on the court file to indicate the order which would have been made but for this problem. The court conducting the final hearing can then make a single order, one way or
8 the other, which reflects the justice of the case overall including the interlocutory successes and failures. What is pro bono? It might seem strange to end with a question the answer to which seems obvious. Pro bono means free of charge. Free of charge is defined in the section as otherwise than for or in expectation of fee, gain or reward. Just in case you were wondering, CFAs are not pro bono. Jeremy Morgan QC 39 Essex Street
9 Annex 2 S194 Legal Services Act 2007 Pro bono representation 194 Payments in respect of pro bono representation (1) This section applies to proceedings in a civil court in which (a)a party to the proceedings ( P ) is or was represented by a legal representative ( R ), and (b)r's representation of P is or was provided free of charge, in whole or in part. (2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge. (3)The court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part). (4) In considering whether to make such an order and the terms of such an order, the court must have regard to (a)whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation, and (b)if it would, what the terms of the order would have been. (5) The court may not make an order under subsection (3) against a person represented in the proceedings if the person's representation was at all times within subsection (6). (6) Representation is within this subsection if it is (a)provided by a legal representative acting free of charge, or (b)funded by the Legal Services Commission as part of the Community Legal Service. (7) Rules of court may make further provision as to the making of orders under subsection (3), and may in particular (a) provide that such orders may not be made in civil proceedings of a description specified in the rules; (b) make provision about the procedure to be followed in relation to such orders;
10 (c) specify matters (in addition to those mentioned in subsection (4)) to which the court must have regard in deciding whether to make such an order, and the terms of any order. (8) The prescribed charity means the charity prescribed by order made by the Lord Chancellor. (9) An order under subsection (8) may only prescribe a charity which (a)is registered in accordance with section 3A of the Charities Act 1993 (c. 10), and (b)provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge. (10) In this section legal representative, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf; civil court means the civil division of the Court of Appeal, the High Court, or any county court; free of charge means otherwise than for or in expectation of fee, gain or reward. (11)The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.
GUIDANCE FOR EMPLOYED BARRISTERS. Part 1. General
GUIDANCE FOR EMPLOYED BARRISTERS Part 1. General 1.1 This guidance has been issued by the Professional Standards Committee, the Professional Conduct and Complaints Committee and the Employed Barristers
More informationPERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL
PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS
More informationCONDITIONAL FEE AGREEMENTS GUIDANCE
Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending
More informationConditional Fee Agreement (CFA)
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
More informationSTANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT
STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT
More informationEXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689
EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of
More informationwww.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationLC Paper No. CB(2)1099/99-00(02) CODE OF CONDUCT THE ACCEPTANCE OF INSTRUCTIONS
LC Paper No. CB(2)1099/99-00(02) CODE OF CONDUCT THE ACCEPTANCE OF INSTRUCTIONS 50. (a) Subject to such exceptions as may be authorised by custom or the Bar Council as set out in Annex 20, a barrister
More information2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015
S T A T U T O R Y I N S T R U M E N T S 2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection (Amendment) Rules 2015 Made - - - - 4th March 2015 Laid before Parliament 9th March
More informationEXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010. 2010 No. [Draft]
EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010 2010 No. [Draft] 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament
More informationCAYMAN ISLANDS. Supplement No. 1 published with Gazette No. 22 of 22nd October, 2012. MUTUAL FUNDS LAW (2012 REVISION)
CAYMAN ISLANDS Supplement No. 1 published with Gazette No. 22 of 22nd October, 2012. MUTUAL FUNDS LAW (2012 REVISION) Law 13 of 1993 consolidated with Laws 18 of 1993, 16 of 1996 (part), 9 of 1998, 4 of
More informationStandard conditions of the Electricity Distribution Licence
Gas and Electricity Markets Authority ELECTRICITY ACT 1989 Standard conditions of the Electricity Distribution Licence Statutory Consultation: 29 April 2008 SECTION A: STANDARD CONDITIONS FOR ALL ELECTRICITY
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationSupplement No. 5 published with Gazette No. 15 of 20th July, 2009. MUTUAL FUNDS LAW. (2009 Revision)
Supplement No. 5 published with Gazette No. 15 of 20th July, 2009. Mutual Funds Law (2009 Revision) MUTUAL FUNDS LAW (2009 Revision) Law 13 of 1993 consolidated with Laws 18 of 1993, 16 of 1996 (part),
More informationSouthern State Superannuation Act 2009
Version: 27.8.2015 South Australia Southern State Superannuation Act 2009 An Act to continue the Triple S contributory superannuation scheme for persons employed in the public sector; and for other purposes.
More informationPart 10. Directors and Company Secretaries
Part 10 Division 1 Subdivision 1 Section 453 A4183 Part 10 Directors and Company Secretaries Division 1 Appointment, Removal and Resignation of Directors Subdivision 1 Requirement to have Directors 453.
More informationHow To Amend The Civil Procedure Rules
EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament
More informationPension death benefits discretionary trust.
PERSONAL PENSION/STAKEHOLDER/SIPP/BUY OUT PLAN Pension death benefits discretionary trust. IMPORTANT NOTES before completing the Discretionary Trust, please read the following notes. 1. This documentation
More informationCOAG National Legal Profession Reform Discussion Paper: Professional Indemnity Insurance
COAG National Legal Profession Reform Discussion Paper: Professional Indemnity Insurance Introduction Professional indemnity insurance is insurance that:... indemnifies professional people accountants,
More informationReport of the Working Party on Damages Based Agreements (Contingency Fees)
Report of the Working Party on Damages Based Agreements (Contingency Fees) 1. The terms of reference of the Working Party (WP ) were set out by Lord Justice Jackson on behalf of the Civil Justice Council
More informationPRACTICE DIRECTION AMENDMENTS
PRACTICE DIRECTION AMENDMENTS The new Practice Direction Case Management Pilot supplementing the Court of Protection Rules 2007 is made by the President of the Court of Protection under the powers delegated
More informationPlayers Agent Registration Regulations
Players Agent Registration Regulations 1 Definitions 1.1 In these, the following terms shall have the following meanings: Agency Activity means acting in any way and at any time in the capacity of agent,
More informationSupervisor of Banks: Proper Conduct of Banking Business (9/14) [6] Debits by Authorization Page 439-1
Debits by Authorization Page 439-1 DEBITS BY AUTHORIZATION Introduction (9/14) 1. Debits by Authorization are a method of making payments under which a beneficiary collects funds from the customer via
More informationHEALTH EMERGENCY ACT
PDF Version [Printer-friendly - ideal for printing entire document] HEALTH EMERGENCY ACT Published by As it read up until May 31st, 2007 Updated To: Important: Printing multiple copies of a statute or
More informationMOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET
MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET INTRODUCTION 1 This paper is concerned with the following issues: (i) (ii) (iii) (iv) (v) When it is appropriate
More informationInsolvency Practitioners Bill
Insolvency Practitioners Bill Government Bill Explanatory note General policy statement The Insolvency Practitioners Bill introduces a negative licensing system that gives the Registrar of Companies the
More informationPMA MODELS PTY LTD CONTRACTOR OFFER LETTER
PMA MODELS PTY LTD CONTRACTOR OFFER LETTER We are pleased to engage you ( the Contractor ) to provide services to PMA Models Pty Ltd A.C.N. 137 597 829 ( the Company ) on the terms set out in this agreement.
More informationSolicitors Indemnity Insurance Rules 2008
Solicitors Indemnity Insurance Rules 2008 The commentary provided with these Rules does not form part of the Rules, is provided for guidance only, and does not affect the meaning or interpretation of the
More informationThe JSE Limited Listings Requirements
The JSE Limited Listings Requirements BULLETIN LETIN 1 of 2015 8 July 2015 Dear Subscriber JSE Limited Listings Requirements The JSE made amendments to the JSE Limited Listings Requirements to allow trading
More informationHow To Get After The Event Insurance For Clinical Negligence Litigation
After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance
More informationComments on Consultation of Improvement of Corporate Insolvency Law By RSM Nelson Wheeler ( RSM ) Question No. RSM s Comments Question 1
Question 1 Do you support the proposal to adopt a prescribed form of statutory demand, which would contain key information as described in paragraph 2.7 as well as a statement of the consequences of ignoring
More information1. Introduction. The laws of any jurisdiction other than England & Wales Taxes or duties Financial investment.
1. Introduction 1.1 This document, together with our Engagement Letter, explains the basis upon which we work for you. These two documents constitute the contract between you and The Law House. In the
More informationThe Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273 (L.1)) As in force on 1 st April 2013
The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273 (L.1)) As in force on 1 st April 2013 This document shows the Rules as amended by S.I. 2010/43, S.I. 2010/2653, S.I.
More informationBar Standards Board: Public Access Rules consultation
Bar Standards Board: Public Access Rules consultation A response from Garden Court Chambers 57-60 Lincoln's Inn Fields London WC2A 3LJ DX: 34 Chancery Lane Tel: 020 7993 7600 Fax: 020 7993 7700 www.gardencourtchambers.co.uk
More information4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:
Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements
More informationLitigation schemes and proof of debt schemes: Managing conflicts of interest
REGULATORY GUIDE 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest April 2013 About this guide This guide sets out our approach on how a person who provides a financial service
More informationInsurance. Adverse Costs. Claimants. We re the world s leader in litigation finance. We offer ATE insurance in the UK. We can help.
Adverse Costs Insurance tocover Claimants Adverse costs and expenses are an added risk for UK claimants. Covering that risk is essential. We re the world s leader in litigation finance. We offer ATE insurance
More informationMediation, CFAs and conflicts of interest
Mediation, CFAs and conflicts of interest A paper published by the Civil Mediation Council 1 1 Origins and purpose of this paper 1.1 This paper originates from questions raised by a number of mediators
More informationThe Litigation Advantage Scheme
After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked
More informationHER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers
More informationTERMS & CONDITIONS OF BUSINESS
TERMS & CONDITIONS OF BUSINESS 1. Introduction These terms and conditions explain the basis upon which we carry out work for you and charge for our services subject to any variations set out in our engagement
More informationFinancial Services (Collective Investment Schemes) FINANCIAL SERVICES (EXPERIENCED INVESTOR FUNDS) REGULATIONS 2012
Financial Services (Collective Investment Schemes) 2005-48 Legislation made under s. 52. FINANCIAL SERVICES (EXPERIENCED INVESTOR FUNDS) (LN. ) Commencement 12.4.2012 Amending enactments Relevant current
More informationCOSTS - Public Interest Litigation
COSTS - Public Interest Litigation NSW CLC Quarterlies 20 February 2014 Sue Higginson Principal Solicitor Money s too tight to mention - for CLCs? CLCs run on the smell of an oily rag (bio-fuel hopefully!)
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This
More informationStrengthening the regulatory regime and fee structure for insolvency practitioners
Strengthening the regulatory regime and fee structure for insolvency practitioners The Law Society response March 2014 2013 The Law Society. All rights reserved. The Law Society welcomes the opportunity
More informationGuidance Booklet Charity Incorporation Made Simple
Guidance Booklet Charity Incorporation Made Simple *berwin leighton paisner Contents What is an incorporated charity? 1 What are the key features of an incorporated charity? 2 What is an unincorporated
More informationPg. 01 French v Carter Lemon Camerons LLP
Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited
More informationLegal Aid Board Training. 2010 Legal Aid Education P, Session 1, Page 1 Session 1. Introduction
to Legal Aid 2010 Legal Aid Education P, Session 1, Page 1 Session 1 Governance as Leadership What is governance? Governance is the exercise of authority, direction and control of an organization in order
More informationSweden. Act on Equality between Women and Men. The Equal Opportunities Act (SFS 1991:433)
Sweden Act on Equality between Women and Men The Equal Opportunities Act (SFS 1991:433) (Including amendments up to and including SFS 2000:773) Purpose of the Act Section 1. The purpose of this Act is
More informationSouth Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001
South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the
More informationLEGAL SCHEME REGULATIONS
LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.
More informationSUBJECT: Court of Protection Costs No: 01/2011. The Public Guardian and Costs in Court of Protection Proceedings
PUBLIC GUARDIAN PRACTICE NOTE SUBJECT: Court of Protection Costs No: 01/2011 Title: The Public Guardian and Costs in Court of Protection Proceedings Contents 1 Summary Page 1 2 The Court of Protection
More informationAre regulatory restrictions in practising rules for in-house lawyers justified? A discussion paper.
Are regulatory restrictions in practising rules for in-house lawyers justified? A discussion paper. This exercise will close on 24 April 2015 1 This Discussion Paper will be of interest to: Approved regulators
More informationCONSUMER CREDIT ACT 2006
CONSUMER CREDIT ACT 2006 EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Consumer Credit Act 2006, which received Royal Assent on 30 March 2006. They have been prepared by the Department
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationCosts Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett
Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants
More informationCivil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004
Australian Capital Territory Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New chapter
More informationImpact Assessment (IA)
Title: Enhanced Court Fees IA No: MoJ222 Lead department or agency: Ministry of Justice Other departments or agencies: HM Courts and Tribunals Service Impact Assessment (IA) Date: 16/1/2015 Stage: Final
More informationPRODUCT RULING BR PRD 15/04
Office of the Chief Tax Counsel Te Tari o te Rōia Tāke Matua Asteron Centre 55 Featherston Street PO Box 2198 Wellington 6140 New Zealand Telephone: 04 890-1500 Facsimile Numbers: Chief Tax Counsel: 04
More informationSERVICES AGREEMENT Agreement Consultant MBA SERVICES Consultancy Terms Consultant Notification Form FEES EXPENSES
SERVICES AGREEMENT This Services Agreement ( Agreement ) is a contract between you (the Consultant ) and MBA & Company Consultancy Limited ( MBA ), a company incorporated and registered in England and
More information1999 No. 2083 CONSUMER PROTECTION. The Unfair Terms in Consumer Contracts Regulations 1999
STATUTORY INSTRUMENTS 1999 No. 2083 CONSUMER PROTECTION The Unfair Terms in Consumer Contracts Regulations 1999 Made - - - - 22nd July 1999 Laid before Parliament 22nd July 1999 Coming into force 1st October
More informationPosition of the GOJ regarding the Proceeds of Crime Act (POCA) implementation of task force headed by BOJ
The Proceeds of Crime Act Considerations Regarding The Duties of Attorneys by Allan S Wood Q.C. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar 19 th November 2011 Position
More informationPractice Direction to 60th Update 1. 60 th UPDATE PRACTICE DIRECTION AMENDMENTS
60 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the
More informationThe Commercial Agents Regulations.DOC. The Commercial Agents Regulations
The Commercial Agents Regulations.DOC The Commercial Agents Regulations Contents 1. Introduction... 1 2. The Previous Position... 1 3. Commercial Agent... 2 4. Rights and Duties... 3 5. Remuneration...
More informationRegulated Mortgages. March 2012
Regulated Mortgages March 2012 1 Introduction Since 31 October 2004, Regulated Mortgage Contracts have been subject to statutory control, supervised by the Financial Services Authority ("FSA"). Under Section
More informationBriefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms
Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders
More informationSTATUTORY RULES OF NORTHERN IRELAND. 1986 No. 193 MENTAL HEALTH. The Mental Health Review Tribunal (Northern Ireland) Rules 1986
STATUTORY RULES OF NORTHERN IRELAND 1986 No. 193 MENTAL HEALTH The Mental Health Review Tribunal (Northern Ireland) Rules 1986 Made... 25 th June 1986 Coming into operation... 31 st July 1986 To be laid
More information2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006
STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th
More informationAdoption and Children (Scotland) Bill [AS AMENDED AT STAGE 2]
Adoption and Children (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 ADOPTION CHAPTER 1 ADOPTION SUPPORT SERVICES Adoption support services 1 Duty of local authority to provide adoption
More informationCFAs & ATE Policies Implications for Professional Indemnity Market
CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury
More information28 January 2015. Scheme Rules
28 January 2015 Scheme Rules 1 1 Introduction and definitions Contents 1.1 These scheme rules are about complaints made from 6 October 2010 to authorised persons including legal practitioners and others,
More informationGuidance for case managers on the assessment of costs
Guidance for case managers on the assessment of costs The timetable Preparation by the parties 1 Where an MPT has made an order for costs, it will follow that the receiving party has a period of 28 days
More informationThe New CFA and DBA Regime. Simon Edwards
The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationSetting Up Fee Charging Services
Setting Up Fee Charging Services Client Care Letter: Template for work to be paid by fixed fee or hourly rate Dear [name of Client] RE:[subject] Thank you for instructing [name of Law Centre]. Purpose
More informationThe Court of Protection Rules 2007
STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -
More informationMOTOR VEHICLE ACCIDENT CLAIMS ACT
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
More informationA D V O C A T E S A C T (12 December 1958/496)
1 THE FINNISH BAR ASSOCIATION July 2005 A D V O C A T E S A C T (12 December 1958/496) Section 1 An advocate is a person who is registered in the Roll of Advocates as a member of the general Finnish Bar
More informationFor use with LV= Relevant Life Cover policies only. Relevant Life Cover. Discretionary Trust Deed & Nomination Form
For use with LV= Relevant Life Cover policies only Relevant Life Cover Discretionary Trust Deed & Nomination Form Relevant Life Cover Discretionary Trust Deed This declaration of trust is made on 20[ ]
More informationCANADA Patent Rules as amended by SOR/2007-90
CANADA Patent Rules as amended by SOR/2007-90 TABLE OF CONTENTS 1. SHORT TITLE 2. INTERPRETATION PART I RULES OF GENERAL APPLICATION 3. Fees 3.01 3.02 3.1 4. 5. Communications 6. 7. 8. 9. 10. 11. 12. Entry
More informationThis agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.
Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything
More informationConsolidated implied terms in park home pitch agreements
Park homes factsheet Consolidated implied terms in park home pitch agreements Implied terms are contractual terms which are implied by statute into the pitch agreement between a resident and a park owner
More informationClaims Management Services Regulation. Conduct of Authorised Persons Rules 2013 (2)
Claims Management Services Regulation Conduct of Authorised Persons Rules 2013 (2) Effective from 8 July 2013 Contents Introduction 1 Definitions 1 General Rules Principles 2 Conduct of Business 2 Professional
More informationCombar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case
Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...
More informationSRA BOARD 28 November 2012
Summary Amendment to the SRA Compensation Fund Rules 2011 (CFR 2011) 1. This paper explains the need for the proposed amendments to the SRA Compensation Fund Rules 2011 (CFR 2011) and seeks the Board s
More informationPersonal Injury Accreditation. Initial application guidance notes
Contents Overall guidance... 3 Glossary of terms... 4 About the accreditation... 5 Eligibility to apply... 5 Expected standards of competence... 5 Application form guidance... 6 Section 1 - General information...
More informationConditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
More informationCharity Governance in Hong Kong: Some Legal Questions
Charity Governance in Hong Kong: Some Legal Questions Benny Y. T. TAI Associate Professor Faculty of Law University of Hong Kong Legal Questions Definition of Charity: charitable purposes Political Purpose
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationNORTHERN TERRITORY ELECTRICITY RING-FENCING CODE
NORTHERN TERRITORY ELECTRICITY RING-FENCING CODE JULY 2001 Table of Provisions Clause Page 1. Authority...2 2. Application...2 3. Objectives...2 4. Ring-Fencing Minimum Obligations...2 5. Compliance with
More informationNOTE - This document is provided for guidance only and does not purport to be a legal interpretation. PERSONAL INSOLVENCY ACT 2012
Background to and purpose of the Act PERSONAL INSOLVENCY ACT 2012 EXPLANATORY MEMORANDUM The Act provides for the reform of personal insolvency law and will introduce the following new non-judicial debt
More informationCriminal Injuries Compensation Act, Part 1
South Australia CRIMINAL INJURIES COMPENSATION ACT 1978 An Act to provide compensation for injury or, in certain cases, financial loss or grief, suffered in consequence of the commission of offences; to
More informationExpenses and Funding of Civil Litigation Bill Consultation Response by GCC
Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers
More informationPenalty Fares Rules. 55 VICTORIA STREET, LONDON SW1H 0EU TEL 020 7654 6000 www.sra.gov.uk. May 2002
Penalty Fares Rules 55 VICTORIA STREET, LONDON SW1H 0EU TEL 020 7654 6000 www.sra.gov.uk May 2002 1 Contents Page 1 The rules 2 2 Definitions 2 3 Setting up a penalty fares scheme 4 4 Displaying warning
More informationRegister of People with Significant Control
Register of People with Significant Control Guidance for People with Significant Control Over Companies, Societates Europaeae and Limited Liability Partnerships Version: 2 Published: 11 April 2016 1 Overview
More informationConditional Fee Agreements: best practice. no win - no fee - limiting the cost of claims to taxpayers
Conditional Fee Agreements: best practice no win - no fee - limiting the cost of claims to taxpayers contents 1 outline of problem page 1 outline of problem 3 2 worst practice 4 3 best practice 6 4 the
More informationBLENHEIM ATTORNEYS AT AMSTERDAM
WESTERDOKSDIJK 40, 1013 AE AMSTERDAM POSTBOX 10302, 1001 EH AMSTERDAM TELEPHONE: + 31 (0) 20 5210 100 FACSIMILE: + 31 (0) 20 5210 101 http://www.blenheim.nl :mail@blenheim.nl The information provided by
More informationFalcon & Pointer fined 175,000 for making automated calls
Practical TPS solutions for businesses Falcon & Pointer fined 175,000 for making automated calls Tel: 0843 005 9576 * TPS Services Fax: 0844 774 8411 www.tpsservices.co.uk TPS Checker Telephone: 0843 005
More information