Hague-19 Convention
Global Legal Post reports that the UK government has ratified the Hague Convention of 2 July 2019, which provides a framework for recognising and enforcing judgments between the UK and the other contracting states.
Law Society president Nick Emmerson welcomed the ratification, saying it would provide greater certainty to consumers and businesses litigating in England and Wales by facilitating the international recognition and enforcement of UK judgments in civil and commercial matters in Europe and beyond.
He added: “It will strengthen England and Wales’s position as the jurisdiction of choice for international dispute resolutions, further enhancing the UK’s reputation as a global legal centre.”
Nick Emmerson said the society would continue pressuring for further post-Brexit enhancements to facilitate cross-border enforcement, including accession to the Lugano Convention, the UK’s application to join the convention having been blocked by the EU.
SRA Consumer protection review
Gazette, International Comparative Legal Guides and two other news outlets report on our reaction to the SRA consumer protection review.
President Nick Emmerson said: “The ability to handle client money is an important difference between solicitors as regulated professionals and unregulated services providers.”
“Client accounts are a fundamental tool for the efficient and effective delivery of many types of legal services. Most firms comply with all the rules. Unfortunately, there are an exceptional few who abuse their position and careful consideration should be given to applying appropriate and proportionate safeguards that might reduce risks to consumers.”
Family courts backlog
Local Government Lawyer reports on the unprecedented backlogs in the family courts.
President Nick Emmerson said: “The family courts are in a dire state. Children are forced to wait almost a year in limbo, as they are failed by a system that should aim to protect them.
“Our children must be prioritised by the next government. Last year saw more than 100,000 children trapped in the family courts backlogs. We cannot allow 25,000 more children to become collateral damage to a justice system in crisis.
“The next government must also commit to taking forward the early advice pilot, which will help people resolve their problems earlier and therefore reduce the court backlogs.”
CILEX regulation
Today’s Wills & Probate, Today’s Family Lawyer and two other news outlets report that the SRA has decided to regulate CILEX members.
Chief executive officer Ian Jeffery said: “We are deeply concerned that the SRA Board has given the go ahead to regulating CILEX members, despite its own regulated community, and CILEX’s members objecting to the idea of regulatory change, and the Legal Services Consumer Panel stating that the consumer case has not been made.
“For the last two years, the Law Society has advocated on behalf of our members opposing the proposal and raising concerns at the serious negative impact it will have on regulated communities, consumers of legal services and the wider public interest.
The change will cause consumer confusion, as it will be less clear which profession is which, and where different authorisations for practice areas apply. This is likely to be a particular problem for those with complex legal issues, or vulnerable consumers.
“We are concerned that the redelegation of CILEX’s regulatory functions to the SRA could adversely affect the SRA’s ability to meet its duty to regulate the solicitor profession in a way that supports and promotes the regulatory objectives. This is of particular concern in light of the collapses of Axiom Ince, Metamorph, Kingly and the SSB Group.”
Compensation Fund levy
Legal Futures, Today’s Family Lawyer and one other news outlet cover the Law Society’s concerns about the proposed rise to the Compensation Fund levy.
Chief executive officer Ian Jeffery said: “Solicitors are steadfast in their wide support for the Compensation Fund, as a vital protection for clients, and it clearly delineates the profession from unregulated providers of legal services.
“However, we have to question whether the SRA has provided sufficient evidence to justify the increases. Its own principles call for transparency in determining the viability of the fund whilst keeping the levy amount and the approach to collection manageable for the regulated sector.”
India’s legal market
Asian Legal Business, Legal Era Online and one other news outlet report that the Indian legal market will be open to UK law firms by the end of July. The outlets mention our meeting with the Bar Council of India.
Also worth a read:
- ‘Real danger’ convicted offenders may have to serve time at home – Telegraph (£)
- Prisons face ‘breaking point’ within days of UK election, says governors’ union – Financial Times (£)
- OPDA calls on next Government to take strong lead on urgent homebuying reform – Today’s Conveyancer
- Detained migrants earmarked for Rwanda released as officials prepare to axe scheme – Telegraph (£)
- Comment: Lawtech is coming and, thanks to AI, it really fits the brief – Times (£)
- Prisons days away from being full as 'one in, one out' crisis plan is prepared – inews (£)
- Boris Johnson warns Labour super-majority would be ‘height of insanity’ in surprise speech – Telegraph (£)
- Labour would let prisoners out early too – Starmer - BBC
- Crown court backlog: Case listed for five years after alleged crime – Gazette