Solo Autumn 2022

04

From the Chairwoman

The news of the Late Queen Elizabeth II’s passing brought sadness to many. Her reign of 70 years was the longest in British history during which there were great industrial, economical, technological, and social changes. The Late Queen Elizabeth was widely respected for her diligence and sense of duty and will be greatly missed.

The Executive Committee is proud to congratulate its fellow member Lubna Shuja on becoming President of the Law Society.

Top Table Event Our next event is the SPG Top Table on Friday 11th November 2022 at Hanbury Manor Marriott Hotel & Country Club, Ware, Hertfordshire, SG12 0SD.

This is another luxurious venue; a fabulous Jacobean country manor five-star hotel situated in over 200 acres of lush Hertfordshire parkland to give us all that feeling of ‘getting away from it all’.

We are holding this event to give our members the opportunity to join the heads of our regulatory and representative bodies along with key industry leaders the opportunity to sit in a small group setting and chat face to face and raise concerns and /or obtain clarity on issues that affect you.

Guests include Lockton’s Partner Brian Boehmer, Law Society President Lubna Shuja, Legal Services Board Chair Dr Helen Phillips, SRA Chair Anna Bradley, and the Legal Ombudsman Elizabeth Davies.

The event is a full day conference with a Gala Dinner in the evening. The Conference commences at 09:00 hrs on Friday 11th November with registration and refreshments. A drinks reception starts at 18:30 hrs followed by an informal 3 course evening meal and dancing.

With the help of our main group sponsors; Lockton Insurance we have a fantastic promotional discount member ticket price of £275, using code SOLO-TT-2022, which covers all refreshments throughout the day, lunch, pre-dinner drinks, 3 course evening dinner with dancing, overnight stay (double room for single occupancy) and breakfast the next day. I understand that this is also tax deductible as it can count as professional development.

To book your place please visit our website at www.spg.uk.com

Solicitors Indemnity Fund (SIF) This remains a prominent issue for our members and as I reported in the last edition of Solo the SPG submitted a robust response to the SRA’s consultation which can be accessed on our website.

The Solicitors Regulatory Authority (“SRA”) earlier this month announced that they were minded to bring in a new consumer protection arrangement to be administered by the SRA either as a compensation scheme or an indemnity scheme. The SRA confirmed that the level of protection that consumers enjoy from the present SIF scheme would be maintained under the new arrangement.

The SPG welcomes the SRA’s proposals as a step in the right direction but negotiations on the final solution to the SIF issue, headed for theSPG by our Honorary Secretary Clive Sutton, arestill to continue.

SPG FOCUS

We are currently focusing on the following areasthat our members have informed us are causingthem concern.

ConveyancingIn the area of Conveyancing, membersconsidered the issue of referral fees betweensolicitors and estate agents needs to bereformed as the consumer does not benefitfrom them. This is because consumers tend tobe referred by estate agents to solicitors basedlargely on the referral fees, they receive ratherthan the quality of service.

Concern was also expressed about a clearconflict of interest in the current practice of thesame solicitor (on the mortgage lenders panel ofsolicitors) acting for both lender and the consumer.

Wills

Members also thought that this is an areawhere unregulated will writers cause significantdetriment to consumers. This was primarilybecause poorly drafted wills by an unregulatedand uninsured will writer firm can lead toexpensive inheritance disputes. As the willwriter firm is unregulated the consumer has norecourse to either insurers or a regulatory body,

The Executive Committee would appreciate it if other SP members with experience of issues in the above areas would share them with us to better inform the reports we are preparing in these areas. Please contact me initially at jo@spg.uk.com.

Access to Justice A pilot scheme was initiated in June 2022 in six county courts, Bedford, Luton, Guildford, Staines, Cardiff, and Manchester for all small claims except for housing disrepair and personal injury cases.

Instead of a consumer having a small claims trial, cases are being determined on paper whether the parties’ consent or not. The majority of these claim would be made or defended by litigants in person and in the absence of an oral hearing there is no judicial support to assist them to ensure an equality of arms.

There is no right to apply to set aside a paper determination under this pilot scheme, only the right under CPR 52.3 to apply for permission to appeal. Those who are unable to express themselves clearly on paper or identify the correct legal principles will be disadvantaged under the current rules and, if permission is granted, an Appeal, is only a review of the court below’s decision, not a rehearing.

Although it is only claims with a low value currently coming under the pilot scheme there is little doubt that claim value will be increased over time.

Engagement with Members

We continue to maintain contact with our members via Mail Chimp notifying you of seminars, consultations and other items that may be of interest you.

The SPG website’s members private interactive forum is now live and can be accessed here www.spg.uk.com/forum

As it is a private member only forum, you will need to first register to access it. Members can engage with each other and access useful information in their areas of practice as well as other areas.

Committee Attendees If any SP member would like to attend the National Executive Committee meetings as an observer, please contact me at joanna@spg. uk.com and I will arrange it for you.

Joanna Connolly SPG Chair

Congratulations from the Editor

On Wednesday 12 October Lubna Shuja took over as the 178th president of the Law Society of England and Wales. She made history as the first Asian and the first Muslim solicitor to be elected to the role. She is also the 7th woman president in 178 years of the presidency.

For the Solicitors Sole Practitioners Group the appointment was particularly welcome as Lubna, a solicitor of 30 year standing, is a sole practitioner and knows so well what it means to deal with legal work as well as all the administrative responsibilities of being in private practice. It was obvious from her inauguration that Lubna is liked and respected, and the Group takes real pride in her appointment. We will do all we can to support her.

Lubna has been a member, past Chairman and staunch supporter of the Solicitors Sole Practitioners Group for many years and we are all delighted to see her take office. We congratulate her and look forward to working with her and seeing her ambitions achieved. Justice, ethics, diversity and the rule of law are at the centre of her agenda for the year ahead. It is no easy time to take on the presidency as Lubna acknowledged in her speech last Wednesday. She spoke eloquently and with a clear plan which I am sure she will implement with determination.

I first came to know Lubna many years ago when I started to appear regularly as an advocate

before the Solicitors Disciplinary Tribunal and she was a Tribunal Clerk. She was always a pleasure to work with and was well regarded by advocates and Tribunal Members alike.

Little did I know that a couple of decades later I would be joining fellow members of our Group in congratulating her as Law society President, wishing her every success and above all an enjoyable and memorable year. Lubna said she was proud to be President and on behalf of us all can say that we share that sense of pride with you.

David Barton Editor

spg.uk.com