Law Society Legal News Summary 15 February 2024


Court backlog deadline

Yorkshire Post (£) (front page) interview the Justice Secretary on the backlog of crown court cases and whether the government will be able to meet their March 2025 target of reducing the backlog to 53,000.

Law Society president Nick Emmerson said: “Our underfunded and overwhelmed criminal justice system cannot meet the demand. Urgent investment across all parts of the criminal justice is required in order to fix this: a demand that was not met by the government even when recommended in their own independent review.

“Without immediate action, this target will be passed by and it is the public who will lose out as the wheels of justice grind ever slower.”

LSB should renew focus

Today’s Wills and Probate and New Law Journal cover our recommendation that the LSB should renew focus on its core activities, set out in our 2024/2025 business plan consultation.

Law Society president Nick Emmerson said: “We would strongly encourage the LSB to renew focus on its core activities and only take on more workstreams based on regulatory need or gaps in responding to consumer needs.

“Care should be taken to ensure work isn’t being duplicated by other stakeholders already engaged in research and policy development on common strategic priorities such as access to justice, upholding the rule of law and ethics.”

Read our press release

Building Safety Act 2022 guide

The Law Society has published a new guide to help members involved in flat sales and purchases understand the Building Safety Act 2022 (BSA 2022), Inside Conveyancing, Gazette, Solicitors Journal and Today’s Conveyancer report.

Law Society president Nick Emmerson said: “Our guide will help solicitors make sense of the improvements to the legislation that have been made since it was first introduced.

“It will also provide solicitors with necessary information to make informed decisions about taking on residential leasehold conveyancing matters where the BSA 2022 applies.

“Created in response to members’ initial concerns about the legislation and developed with government and industry stakeholders, it contains background information and high-level guidance, signposting the key sources of information solicitors need to navigate the BSA 2022.”

Read our press release

Rule of Law

Justice Gap reveals the Law Society’s concerns about rule of law and rising court backlogs, as the government introduces proposals to exonerate those wrongly convicted in the Post Office scandal.

Head of Public Affairs, David McNeill, highlights the inability of the criminal justice system to deal with the complexity and sheer scale of cases, with court backlogs and limited resources.

Housing legal aid work

Gazette, Law 360, The Big Issue, New Law Journal and Local Government Lawyer report new research found that housing legal aid solicitors are losing money doing the work but feel morally obliged to keep going. According to the Law Society’s Frontier Economics report general costs in the economy are over 90% higher today than they were in 1996, when legal aid fees were last increased.

We find that the average fee-earner was only able to recover around half of the full costs of providing housing legal aid.

Law Society president Nick Emmerson: “This vital research reveals the lengths providers have to go to keep housing legal aid afloat in the current environment – routinely working grossly excessive hours and cross-subsidising from other parts of their businesses. It’s therefore no surprise that we’re seeing providers exit the market because they can no longer sustain this approach. Those who remain struggle to attract younger people to legal aid work.

“At a time when the cost-of-living crisis is driving rising numbers of evictions and repossessions, the government needs to use its civil legal aid review to invest in legal aid now before it collapses completely.”

Read our press release

Legal Aid cuts

The Times (£) covers the NAO’s report which highlights the real-terms cuts made to legal aid. 

Vice president Richard Atkinson said: “This landmark report shines a light on the stringent and successive government cuts to legal aid alongside stagnant fees paid for expert advice provided by the remaining charities and small firms.

“Too frequently it is said that justice is not a priority for this government, but we would hope recent events will call for reflection on how it supports our courts systems.

“The public do care about justice and are vocal about when it is lacking.

“Our justice system can no longer be ignored and we urge the government to properly invest in our justice system so the public can have confidence in it.” 

Read our press release
 

Nigeria-UK legal services agreement 

News Band and All Time Post report the Nigerian Bar Association (NBA) has rejected an agreement to allow UK lawyers to practise in Nigeria. 

The piece mentions our role in meeting officials from the NBA to try to form a bilateral agreement between Nigeria and the UK on legal services.
 

Probate enquiry phoneline hours 

Ian Bond, a member of the Law Society’s Wills & Equity Committee, speaks to Telegraph about changes to the probate enquiry phoneline opening hours.
 

Rwanda policy 

Richard Young, a member of the Law Society’s Immigration Law Committee, speaks to Voice of Islam Radio about the Rwanda policy. 

Also worth a read: 

  • SRA to cap financial services fees - Gazette
  • Firms asking staff to spend more days in the office – Legal Futures
  • Regulators called to prioritise policing of ethics - Global Legal Post
  • Climate litigation cases - City A.M.
  • Solicitor named in Mail’s sting on immigration firms suspended by the SRA - Gazette
  • Opinion: how to close gender gaps at partn­ership level - Solicitors Journal
  • SFO chief wants to pay whistleblowers – but City lawyers warn policy faces hurdles – City A.M

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