Law Society Legal News Summary 4 October 2023


Backlog in fraud cases

Manchester World, Sussex World, Liverpool World, Nottingham World, Bristol World and more than 20 regional outlets report the average waiting time for people involved in fraud cases, as the number of outstanding fraud cases increases.

Law Society of England and Wales President Lubna Shuja: "The long waiting time for fraud cases to come to trial may in part be due to the complexity of the cases, especially as they often involve a number of defendants.

"Such cases often are long trials which require weeks of court time. This means they are more difficult for listing officers to schedule.

"They inevitably take longer to reach trial than simpler, single defendant cases might, especially now with the huge backlogs in the criminal courts."

Fixed recoverable costs

Solicitors Journal and Law360 (£) cover the Law Society’s concerns over the extension of fixed recoverable costs (FRC).

President Lubna Shuja said: “Clients should be given as much information as possible at an early stage concerning their own costs risk to avoid any potential challenges at a later date.

“The ongoing impact on solicitors and their clients needs to be closely monitored, to ensure access to justice is not being compromised.

“We call on the government to ensure there are processes in place to quickly remedy any immediate and important issues that emerge.”

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SRA takes control of scheme

Today’s Family Lawyer, Today’s Wills & Probate and Today’s Conveyancer report that the SRA has formally taken over the management of the Solicitors Indemnity Fund (SIF).

President Lubna Shuja responded: “We are delighted the SRA will continue to provide consumers with the vital protections of the SIF.

“This move followed extensive lobbying from the Law Society on behalf of solicitors and their clients, urging the SRA to work with us, the insurance industry and wider stakeholders to find a sustainable solution to the issue of run-off indemnity cover and long-term consumer protection.”

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Climate change guidance

Gazette mentions the Law Society’s milestone guidance on climate change in an analytical piece about green clauses and the government’s U-turn on climate policies.

Caroline May, chair of our climate change working group, said: “We have a framework of environmental law in this country, and obviously if environmental damage is caused it will lead to prosecution, but I think there is a tendency in this debate to be slightly over-simplistic.

“If we are going to deliver the energy transition, and changes that are necessary to reach net zero, and the commitments that parliament has made, we are going to need all sectors, and particularly the energy sector, to develop new solutions.”

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Read our climate change guidance here

Axiom Ince shutdown

Global Legal Post mentions the Law Society’s concern for trainees and future trainee solicitors facing uncertainty as the SRA takes over Axiom Ince.

UK govt plans to leave EHRC

BNN Breaking cites the Law Society’s warning against leaving the European Human Rights Convention (EHRC) in a piece about the migrant crisis and the UK government’s plans to withdraw from the international agreement.

Legal aid work arising from Illegal Migration Act

Electronic Immigration Network reports that hourly legal aid fees for Illegal Migration Act work are to rise by 15%.

President Lubna Shuja said: "There is a huge backlog of asylum cases and simply not enough lawyers to take them on. Many asylum seekers are dispersed to areas where there is no legal aid provider. Those facing removal have just eight days to secure legal advice and bring a suspensive claim. If they are detained in offshore barges or in an immigration legal aid desert, the chances of them being able to access a lawyer are low.”

Also worth a read:

  • New powers to stop offenders who have killed their partners from gaining parental rights – Guardian
  • Supreme Court faces criticism for its lack of diversity after a photograph of the top bench was posted online – Legal Cheek
  • UK govt may send prisoners overseas to tackle overcrowding in prisons – Times (£)
  • Suella Braverman gives populist speech on mass migration and the Human Rights Act at the Conservative party conference – Guardian
  • LSB calls to be anti-money laundering (AML) supervisor for legal services – Legal Futures

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