Law Society Legal News Summary 23 May 2022


Lasting power of attorney 

City A.M. and the Gazette report on the government's modernisation plans for lasting power of attorney. 

Law Society of England and Wales president I. Stephanie Boyce said: "We welcome the MoJ's commitment to improve the speed and accuracy of making an LPA, as well as to continue to provide a paper service. Many people – such as those in care homes or people with learning difficulties – will continue to need to make an LPA via a paper process. 

"We are pleased the government is looking at proposals to improve support for those who will struggle with using digital channels, as more needs to be done to ensure the reforms do not negatively impact vulnerable, disabled or older people." 

Sheree Green, a member of our mental health disability committee, also spoke with the Telegraph (£) about the delays facing the Office of the Public Guardian as it seeks to issue LPAs for people's loved ones. 

Read our press release
 

Criminal defence solicitors to escalate legal aid action 

Criminal defence solicitors in London have decided to stop doing 'loss-making' work in response to the government's inadequate criminal legal aid reforms, reports the Gazette. 

I. Stephanie Boyce said it was no surprise that defence lawyers are having to be more selective about what work they take on. She said: "It is a necessary element in running their businesses soundly that they do not take on unsustainable amounts of loss-making work. 

"The number of criminal legal aid firms has almost halved in the last 15 years because the work is no longer financially viable. Duty solicitors provide a vital public service attending police stations at all hours of the day and night for incredibly low rates of pay, and they are increasingly scarce in some parts of the country. The government's failure to properly value criminal defence lawyers is driving this dedicated profession to extinction."
 

Nationality and Borders Act 

Kent Live and MSN examine the Nationality and Borders Act in detail, discussing the purpose of this legislation, the risks of asylum seekers arriving via irregular routes and the new powers the legislation has given Border Force. 

Articles note our concerns about the Act, particularly that it's likely to "be incompatible with international law, damage access to justice, and negatively impact on the role of lawyers in immigration cases".  
 

Parking fines 

Gary Rycroft, a member of our council membership committee, gave advice on Rip Off Britain about how the public can benefit from the government's new Private Parking Code of Practice. 

The Daily Express picks up the story.
 

Neighbourly dispute 

The Daily MailThis is Money and MSN report on a reader's dispute with a neighbour and their dog who came at their fence with some force. The reader asks for advice on who should pay for the fence if the dog jumps at it again. 

Gary Rycroft, a member of our council membership committee, said: "The ownership and responsibility for the repair of the fence is a 'red herring' in this case. 

"If it can be proved that the damage to the fence has been caused by the dog, and also proved that the state and condition of the fence was satisfactory before the dog jumped up at it 'with force,' the owner of the dog should pick up the cost of repair. 

"The owner of the fence is not responsible for the cost of this repair."
 

Also worth a read: 

  • Monkeypox: UK to ramps up efforts to contain outbreak – Guardian
  • Sue Gray: Finalising report on Downing Street parties – BBC
  • Sue Gray report: 7 things to watch out for – i News
  • UK unprepared for food price hikes, warns expert – Independent
  • Children's social care system needs 'radical reset', says review – Sky News
  • Child abuse: Sir Andrew McFarlane calls for fewer fact-finding hearings – Gazette

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