Law Society Legal News Summary 4 July 2024


Hague-19 Convention 

New Law Journal 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 said: “The Convention will provide greater certainty to consumers and businesses who litigate in England and Wales by facilitating the international recognition and enforcement of UK judgments in civil and commercial matters, in Europe and beyond. 

“It will strengthen England and Wales’s position as the jurisdiction of choice for international dispute resolutions. It will bolster confidence in the use of English and Welsh courts and laws, further enhancing the UK’s reputation as a global legal centre. 

“While we celebrate the UK’s accession to Hague 19 as a notable victory for our jurisdiction, we hope this progress does not halt efforts to further facilitate cross-border enforcement of judgments. We urge the next government to continue these efforts, which includes the ongoing discussions to accede to the Lugano Convention.”
 

SRA Consumer protection review 

Today’s Family Lawyer and Legal Futures cover the Law Society’s 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.” 

Read our press release
 

CILEX regulation 

Legal Cheek reports 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.” 

Read our press release
 

SRA business plan 

Today’s Conveyancer covers the Law Society’s response to the SRA’s 2024-2025 business plan and budget consultation.

President Nick Emmerson said: “As a general principle, we would strongly encourage the SRA to prioritise its focus on core activities and only undertake additional workstreams based on evidence of regulatory need, or specific gaps in responding to consumer needs.

“The SRA’s continued focus on the areas outlined in the business plan align with our own priorities.

“The SRA continues to improve its diversity data collection, which will inform tangible and meaningful actions to drive positive change on EDI, especially to address persistent EDI issues within professional examinations and the SRA’s enforcement activities.

“We are also pleased the SRA is continuing to encourage diversity at senior levels in law firms and would like to understand what activities and regulatory levers the SRA will use to support this, as well as where they will work in collaboration with other stakeholders.”
 

Also worth a read:

  • MoJ delays the release of its quarterly criminal courts statistics due to concerns about the quality of key data inputs - Gazette
  • Former Post Office chair denies deliberately hiding key Horizon report - BBC and Sky News
  • Opinion: we must put children’s rights at the heart of strategic litigation practice – Solicitors Journal
  • Survivors of rape turn to civil courts for justice – Times (£)
  • Labour to be told to authorise emergency prison measures within ‘first week of power’ – Telegraph (£)
  • Domestic violence survivors fear attackers will be freed from crowded prisons -  inews
  • The Human Rights Act is a beacon of justice – Times (£)
  • Ruling aims to keep more divorcing couples out of court – Times (£)
  • Barrister GC: Why can’t I sign off trainee solicitors’ work experience? – Legal Futures
  • Captain Sir Tom Moore’s daughter and son-in-law have been disqualified from being charity trustees – BBC
  • How sports have become a legal battleground – Times (£)
  • Retired magistrate admonished for Shamima Begum letter to The Times – Evening Standard
  • Close election results could be challenged over delayed postal votes - Guardian
  • Lawyer candidates to look for in today’s election day – The Lawyer
  • Polls open as millions head to vote – Guardian
  • Series of polls suggests Labour is set for historic landslide win – FT (£)
  • How leaders spent their final campaigning day – inews (£)
  • Guide to election night – FT (£)

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