Legal services liberalisation has been a phoney war, but I think that ends with today’s news that logistics company Stobart Group is entering the market with the launch of Stobart Barristers. For sections of the bar, it makes the ProcureCo model look like Betamax to the green and yellow giant’s VHS.
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Long-expected plans to enable US-style deferred prosecutions for white-collar crimes take a step forward with the publication of a Ministry of Justice consultation today.
Under a deferred prosecution the authorities and a malefactor business can agree a penalty to be imposed if the business does not comply with 'good behaviour' measures over a set period of time. The previous director of the Serious Fraud Office, Richard Alderman, had called for their adoption to curb corporate crime in the UK.
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The logistics company known for its distinctive Eddie Stobart lorries has launched a legal service to help the public cut the cost of legal disputes by linking clients directly with barristers without the need for a solicitor.
Stobart Barristers, part of the Stobart Group, says it has a panel of over 1,000 barristers, juniors and QCs, across the UK offering businesses and individuals help in all areas of law. It provides a fixed-fee service, through a ‘pay-as-you-go’ model during the litigation process, giving the client control of the process and enabling them to end it after each stage.
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West London firm Lovell Chohan says it is leading the fundraising league table of 408 teams taking part in next Monday’s London Legal Walk. The firm has already raised £6,000 for the London Legal Support Trust and aims to reach £7,500 by the end of the event, solicitors clerk Chris Shearwood said. Some 5,000 legal figures, including the lord chief justice and master of the rolls, are expected to take part in the 10km walk around London legal landmarks. See tinyurl.com/bwbc6d5.
Early plea extension
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A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing - warning it will be a costly decision.
Lord Justice Longmore said it was a ‘great pity’ that appliance supplier Indesit, instructed by Plexus Solicitors, had not pursued the option of mediation as advised by Lord Justice Toulson in a personal injury case. Indesit had successfully defended a personal injury claim by employee Ali Ghaith, but Ghaith was subsequently given permission to appeal.
It was then that the appeal judge encouraged Indesit to pursue the option of mediation.
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Intention to create legal relationship - Formation of contract - Whether court erring
Barbudev v Eurocom Cable Management Bulgaria EOOD and others: Court of Appeal, Civil Division (Sir Anthony May P, Lord Justices Lloyd Aikens): 27 April 2012
The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that, in the context of a sale of a television and internet cable company in Bulgaria, a side letter addressed to the claimant did not constitute a legally enforceable contract, but was an agreement to agree.
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Unfair prejudice to members - Relief
Re Home & Office Fire Extinguishers Ltd Rodliffe v Rodliffe and another: Chancery Division, Companies Court (Mr N Strauss QC): 4 April 2012
The Companies Court ordered the first defendant to sell his shares to his claimant brother under section 994 of the Companies Act 2006 following a falling out between them.
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Evidence - Claimants seeking judicial review of decisions of defendant secretary of state refusing to grant naturalisation
R (on the application of AHK and *others) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice Ouseley): 2 May 2012
There were more than 40 cases before the Administrative Court in which claimants were seeking judicial review of the decisions of the defendant secretary of state refusing to grant them naturalisation as British citizens under section 6 of the British Nationality Act 1981.
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Diplomatic privilege - Immunity from legal process - Domestic servants
Wokuri v Kassam: ChD (Mr Justice Newey): 30 January 2012
The claimant worked as a chef and general domestic servant for the defendant in Uganda under a contract (the 1998 contract). The claimant subsequently performed work for the defendant in the UK.
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Disclosure and inspection of documents - Legal professional privilege - Communications between legal adviser and client
Walter Lilly & Co Ltd v Mackay and another: QBD (TCC) (Mr Justice Akenhead): 15 March 2012
In 2004, the claimant company was employed by the second defendant company to construct a house in London. Owing to delays, the couple who were to be the owners and occupiers of the house (Mr and Mrs M) became disillusioned with the claimant and in October 2006 retained the services of a firm of claims consultants, K.
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Infringement - Artistic work - Claim arising from use of peer-to-peer file-sharing website to download music
Dramatico Entertainment Ltd and other companies v British Sky Broadcasting Ltd and other *companies: ChD (Mr Justice Arnold): 2 May 2012
The claimants were record companies claiming on their own behalf and in a representative capacity on behalf of other members of BPI (British Recorded Music Industry) Ltd and Phonographic Performance Ltd.
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The deal between the Ministry of Justice and the private company contracted to provide court interpreters is to face scrutiny from parliamentary watchdogs, as cases continue to be disrupted by poor performance and non-attendance of interpreters.
Public spending watchdog the National Audit Office told the Gazette that it has received ‘a number of representations’ about the Applied Language Solutions contract from parties including members of the Commons Public Accounts Committee, and said it is ‘considering the matter’.
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A TV executive campaigning to lift the ban on cameras in criminal courts has said the limited rights announced in last week’s Queen’s speech will not end the battle for access. ‘We’re obviously interested in discussing what extras we can do down the road,’ Simon Bucks, associate editor at Sky News and a prominent campaigner for a change in the law, told the Gazette.
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Alternative business structure hopefuls are being invoiced thousands of pounds for consultants to handle the financial minutiae of their applications to the Solicitors Regulation Authority, the Gazette has learned.
The SRA says it has hired spe******ts to supplement its 25-strong team dedicated to vetting ABS applications. Last month it was revealed that consultants had been drafted in to deal with foreign organisations - it has now emerged that similar arrangements are in place for applications involving private equity.
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