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Report from Law Society Council Member and Vice President – Lubna Shuja The Law Society Council met recently on 14 July 2021 and 2 September 2021. I set out below details of the main issues discussed at those meetings together with a brief update on developments since then.
Afghanistan and the Rule of Law The Law Society has been gravely concerned about the situation in Afghanistan, and all those working in the Afghan justice system who now face a potentially difficult future as the Taliban takes power. On 23 August 2021, the Law Society joined G7 Bar leaders in urging governments to protect those at risk including human rights defenders, in particular female judges and lawyers in Afghanistan ahead of the G7 meeting on 24 August 2021. Together with the Bar Council and the Bar Human Rights Committee of England and Wales, the Law Society was especially concerned about the situation of at least 250 women judges in the country who were considered to be at particular risk. The UK government was urged not to abandon these courageous defenders of the rule of law and to offer evacuation, safety and asylum in the UK to women judges and their families as well as to other members of the Afghan legal profession who were in danger. Now that British troops have left Afghanistan, it is important that the UK government continues to put pressure on the Taliban to allow safe passage to the UK for those Afghans and British nationals left behind. The Law Society continues to monitor
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the situation, providing recommendations to the government based on expertise and information from members and the wider international legal community. There is further information on the Law Society website including guidance on how members can offer pro bono support. If you are interested in offering pro bono support to Afghan refugees, please send an email to projecta@ dlapiper.com with ‘Volunteer’ in the subject matter and indicate if there are any times or dates you are not available to offer advice.
consultation in early 2022. Detailed proposals will be forthcoming in late spring, with a view to implementation by late summer.
The Solicitors Indemnity Fund Since my last update, you will have no doubt read that the Solicitors Regulation Authority (SRA) has agreed to extend the Solicitors Indemnity Fund (SIF) to 30 September 2022. The SRA now regards post six year run-off cover (PSYROC) as a regulatory issue. It will launch a public consultation on:
Probate Fees The Ministry of Justice has launched a consultation containing proposals to increase fees for probate applications. The current fees are £155 for professional users and £215 for nonprofessional users. The proposals are for these to change to one single probate fee of £273. The consultation closes on 23 September 2021. The Law Society will be filing a response having obtained feedback from members. Members likely to be affected by the proposals are invited to do the same.
• whether there is a regulatory place for PSYROC • evidence of other comparable run-off cover arrangements • finding the right regulatory balance between consumer protection and issues of proportionality, affordability and the wider public interest • the viability of possible options and discretionary uses of the SIF surplus, including the possibility of a hardship fund I am a member of the Law Society SIF Working Group. We have recently consulted with retired members, local law societies, sole practitioners, small and medium firms and city solicitor groups on their objectives and concerns. We have written a letter to the SRA setting out the issues emerging from these meetings and pointing out the importance of dealing adequately and effectively with the issue of PSYROC for the continued protection of the public and the profession. The SRA’s formal consultation is due to launch immediately after the October PII renewal. There will be a second, more targeted
The results of the upcoming consultation are likely to influence the PSYROC debate for the foreseeable future. It is therefore essential that all those who have an interest in PSYROC respond to the consultation. I would urge each and every one of you to make sure you engage with this and make your views known.
Dispute Resolution The Ministry of Justice has also launched a Call for Evidence on civil dispute resolution. The government is looking particularly at how disputes can be resolved before they get to the litigation stage. It is considering the use of mediation and other forms of ‘alternative dispute resolution’, as well as how new technologies can be used to enhance these processes. The areas covered are extremely broad – ranging from low value civil disputes all the way up to multi-million pound commercial disputes, as well as family, employment, and everything else in between. The Call for Evidence specifically asked for ‘frontline insights with tangible examples’ and the Law Society sought feedback from members to assist with its response to the consultation. The Solicitors Qualifying Examination
