Law Society Legal News Summary 15 November 2023


Regulation of the profession 

The Gazette reports that the House of Commons Justice Select Committee is set to hear evidence on the regulation of legal professionals. The Law Society will give evidence to the committee on 5 December, alongside the SRA and LSB.
 

Finance Bill 

Lydia Challen, co-chair of the Law Society’s tax law committee, speaks to the FT (£) about the government’s new Finance Bill, including measures that address the mis-selling of tax avoidance schemes.

Lydia Challen said: “There are already significant civil measures in place to deal with these issues and we are concerned that the timing of these measures is a bit premature. 

“Though the civil measures haven't been properly tested yet, the civil regime is quite onerous, and financial penalties can be both substantial and there is considerable discretion within those civil measures as to bring proceedings under them.

“It seems to us that introducing a strict liability criminal offence, which is what these measures do propose, before the existing regime has been tested is actually a bit disproportionate at this stage.”

Axiom Ince fallout 

Global Legal Post covers the Solicitors Regulation Authority’s oversight of Axiom Ince in the run up to the firm’s collapse, as the Law Society comments on the prospect of solicitors paying levies for the fallout of the firm. 

Read our press release
 

Supreme Court appointment 

The Gazette Ireland covers the Law Society’s reaction to the appointment of Dame Ingrid Simler as a Supreme Court justice. We describe the appointment as “another historic moment”, after Dame Sue Carr became Lady Chief Justice. 

Law Society President Nick Emmerson said: “Around a third of judges in our courts are women, with even fewer in the senior judiciary. This momentous appointment is a sign that times are continuing to change.”
 

Challenges faced by the profession 

Law Society Council member Jonathan Goldsmith writes in the Gazette about the various issues the legal profession faces, and mentions the Law Society’s 21st Century Justice project and professional ethics campaign.
 

Consumer Rights Act 

Law Society council membership committee member Gary Rycroft speaks to the Guardian about Amazon’s “contempt” for UK law over parcel thefts. 

Gary Rycroft said: “The burden of proof is on Amazon to show goods were delivered, not on the consumer to show they were not. Given it uses terminology which reflects US law, it seems they cannot even be bothered to design a policy compliant with UK law.”
 

Also worth a read: 

  • Supreme Court will decide if the Rwanda asylum plan is lawful today - Telegraph (£)
  • PM draws up contingency plan to deport migrants, regardless of Supreme Court’s Rwanda ruling Times (£)
  • Suella Braverman writes scathing departure letter, attacking the government for its approach to immigration - Guardian
  • The Serious Fraud Office has made seven arrests as it investigates the collapse of Axiom Ince – Legal Futures & Gazette
  • Chancery Lane Project creates 160 contract-ready climate clauses – Legal Futures
  • Explainer: how recent and future legislation impacts the right to protest in the UK - Guardian

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