Law Society News

disbursements. Ms Belsner had signed a conditional fee agreement (CFA) with a 100% success fee. The costs payable by Ms Belsner were potentially greater than the sum of damages she would recover. The matter was adjourned by the Court of Appeal to hear specialist evidence on costs and is due to return to the Court later this year.

Question 3.3 at Annex B asks, ‘Is there a need to reform the processes of assessing costs when a claim settles before issue, including both solicitor own client costs, and party and party costs?’ The Consultation also seeks views on whether the distinction between non-contentious and contentious costs should remain but with no indication of where this will ultimately lead.

SRA website

After a busy year, the SRA has wound down for the summer with the announcement that they will be commissioning research9 by Frontier Economics, a leading economic insight consultancy.

The aim of the research is to: 'better understand the size and scope of the market for unreserved legal activities – as provided by both regulated and unregulated providers identify potential risks and opportunities the unregulated sector may present for consumers.'

It is hoped this will assist the SRA to, ‘develop future thinking on how best to improve access to legal services while still ensuring the proportionate levels of public protection are maintained.’

The SRA also announced10 that its plans to increase its fining powers from £2,000 to £25,000 for solicitors, traditional firms (recognised bodies or recognised sole practices) and the individuals who work in them would take effect from 20 July 2022. This has had a mixed reception. There is the view of those who hope that the increased fining powers will ensure that cases are dealt with by the SRA, rather than be referred to the Solicitors Disciplinary Tribunal, and lead to speedy resolution and lower costs. Others question the increased power of the regulator as investigator, prosecutor and judge (and express concern that admissions may be made by the innocent because of their fear and impecuniosity) and in the case of small entities the pressure to settle in borderline situations.

In order to enable Solicitors Indemnity Fund (SIF) to stay open to new claims for a further year, until September 2023, the SRA has resolved the question of the guarantee11 and will not be calling on the Law Society to provide the guarantee as happened last year. The SRA is planning further engagement in coming months to determine SIFs long term future.

Finally:

You may prefer the advice of Mark Twain who said, ‘“Drag your thoughts away from your troubles – by the ears, by the heels, or any other way you can manage it. It’s the healthiest thing a body can do.”

Reject my holiday reading list, there are lots of uplifting reading lists available online.

Happy summer!

Linda Lee

Council Member August 2022

NOTES

1 Regulatory solicitor style 2 https://www.lawsociety.org.uk/topics/property/ register-of-overseas-entities-what-solicitors-shouldknow-about-verification 3 https://www.lawsociety.org.uk/topics/property/ register-of-overseas-entities-coming-into-force-on-1august-how-property-lawyers-can-comply 4 [2021] UKSC 32 5 https://www.lawsociety.org.uk/topics/regulation/ professional-undertakings#sub-menu-dy13 6 https://consult.justice.gov.uk/dispute-resolution/ increasing-the-use-of-mediation 7 https://www.judiciary.uk/related-offices-and-bodies/ advisory-bodies/cjc/working-parties/costs 8 [2020] EWHC 2755 (QB). 9 https://www.sra.org.uk/sra/news/press/researchunregulated-legal-market-provision-unreserved-legalservices 10 https://www.sra.org.uk/sra/news/press/statementfining-powers/ 11 https://www.sra.org.uk/sra/news/press/sifextension-july-2022

CRIMINAL LEGAL AID SOLICITOR WINS LAW SOCIETY PRESIDENTIAL ELECTION

Criminal law specialist Richard Atkinson has been elected as incoming deputy vice president of the Law Society. He will join the team in October and looks forward to highlighting the important role solicitors play in upholding justice.

Richard Atkinson has specialised in criminal law for 30 years, with a focus on serious crime litigation. He is a duty solicitor and a higher rights advocate, representing clients in court.

Richard said: “I am honoured to be elected as deputy vice president of the Law Society.”

“I stood for office because of my strong belief in our profession, its values and the work it does to support our clients and uphold the rule of law,” he explained.

“As lawyers, we need to be courageous and speak out on behalf of those less able and for the institutions that are key to a functioning democracy. Many of these are under threat – not least our criminal justice system.”

Richard will take office in October 2022 – becoming vice president in 2023 and president in 2024 to 2025, when the Law Society will mark its 200th anniversary.

President I. Stephanie Boyce was delighted to welcome Richard to the Law Society.

“My congratulations go to Richard Atkinson, who emerged as the winner from a strong field of candidates,” she said.

“I wish him all the very best for his three years as a Law Society office holder.”