Question of Ethics

Question of Ethics is supplied by the Solicitors Regulation Authority. We publish one question a week, which will over time build into an invaluable resource on ethics issues. If you have a question you would like us to ask the SRA ethics team to answer, then e-mail us at contact@legalfutures.biz


Supreme Court refuses to hear appeal over ‘dishonest’ costs claims

Supreme Court sign

The Supreme Court has refused permission for a third appeal by a Leeds law firm against a ruling that it submitted ‘dishonest’ costs claims. It decided the application did not raise an arguable point of law of general public importance given there had already been an appeal.

September 19th, 2018

QOCS applied to whole case after defendant’s unsuccessful PI counterclaim

Andrew Lyons Barrister

An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury was entitled to the protection of qualified one-way costs shifting for the whole case, a circuit judge has ruled.

September 18th, 2018

Video hearings pilot: Technical flaws but some positive signs

Susan Acland-Hood

An independent evaluation of an online video hearing pilot run by HM Courts and Tribunal Service has found it was beset by technical failures, ended up much smaller than envisaged, and that the participants could be “self-selecting”.

September 18th, 2018

Becoming a highly successful small law firm

LEAP Legal Software

Richard Hugo-Hamman, Executive Chairman of LEAP UK, gives his advice on how small law firms can become more successful.

September 17th, 2018

Solicitor struck off over conflict between litigation and funder clients

the road of money

A solicitor who sought to keep a longstanding client happy at the expense of another, when one provided the other with a loan to pursue High Court litigation, has been struck off. His actions were “a classic example of a solicitor departing from the complete integrity, probity and trustworthiness expected”.

September 17th, 2018

Confusion as solicitors make medical record requests for clients under GDPR

3d dosiier popping out from a laptop screen

There is confusion over whether solicitors can seek medical records for free by making subject access requests under the General Data Protection Regulation. The issue is becoming increasingly prominent, with the British Medical Association set to lobby the government over it.

September 17th, 2018

ARAG, Guardian and Affiniti offer ATE and disbursement funding solution for firms with smaller clinical negligence and personal injury caseloads

ARAG

Leading legal expenses and assistance provider ARAG has joined with Guardian Legal Services and Affiniti Finance to provide an After-the-Event legal expenses insurance and disbursement funding solution to solicitor firms that handle only a modest number of clinical negligence and other personal injury claims.

September 14th, 2018

The impact of technology on PI law

Andrew Clark Fletchers

New technology is rapidly changing the world around us, permanently revolutionising our everyday lives. It is also changing the legal landscape, with law practitioners required to keep abreast of every new development to best help their clients. From helmet and dash cameras to improved CCTV, this is particularly evident in personal injury law.

September 14th, 2018

No-deal Brexit will cause uncertainty for cross-border litigants, says MoJ

Brexit Direction Sign

The government has outlined the uncertainty that a no-deal Brexit would cause in civil cases that involve EU countries. Ministry of Justice guidance, issued today, said it would seek to provide legal certainty but could not guarantee how EU courts would respond.

September 13th, 2018

Win for open justice as tax tribunal allows non-party access to HMRC pleadings

KPMG

The First-tier Tribunal has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs.

September 12th, 2018