Council Member’s Report

A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUbna shUJa

you may be aware that in March 2021 I became vice President of the Law society of england and Wales and I. Stephanie Boyce took office as President. We have had a very busy time, dealing with a number of issues on behalf of the profession. Remote meetings continue although the next council meeting on 14 July 2021 has been tentatively pencilled in as a hybrid meeting. We hope to be able to meet some colleagues again in person on that date but that may change subject to government announcements.

Council has met virtually a few times since my last SOLO report. Council meetings took place remotely on 23 March 2021, 19 May 2021 and 9 June 2021. I set out below details of the main issues discussed at those meetings together with a brief update on developments since then. A copy of the CEO’s report to Council’s March meeting, which contains more detailed information, can be found on our website at www.spg.uk.com.

the solicitors Indemnity fund

The Solicitors Indemnity Fund (SIF) has been a hot topic on Council and indeed across the profession. The Law Society has been working hard for the last three years to try and find a solution for members. Having explored various avenues, the Law Society concluded that it would be in the best interests of members and indeed consumers, for SIF to be extended beyond September 2021 (when it is due to close) to allow further time to find a suitable alternative. Press releases have been sent to the profession to update members on the current position. In May 2021, a joint letter was sent to the SRA from the Law Society and the Legal Services Consumer Panel requesting SIF should continue.

On 26 May 2021, a meeting took place between the CEO’s and General Counsel of the LSB, SRA and The Law Society. The LSB had clearly received a number of letters and communications from members and retired members, and made it clear that the LSB was now taking a keen interest in SIF. The LSB made suggestions as to how The Law Society and the SRA should work together to resolve the position over post 6 year run off (P6YRO) cover.

On 4 June 2021, the Law Society sent a further letter to the SRA again requesting SIF should continue. We referred to the SRA’s Board meeting on 8th June and asked them to again consider:

a. the adverse consequences to consumers, our members and the good standing of the profession of a decision to close the fund at this time; and b. the current adverse insurance market conditions and the non-availability of any P6YRO replacement insurance in the market. We made it clear that if the SRA maintained their position to close the fund in September 2021, we expected detailed reasoning for their decision.

The SRA Board met on 8 June 2021 to consider the matter further. As I write this update, we are awaiting their decision and will update members as soon as we are able.

(a) Outdoor advertising on tube, rail, trams and railway stations: • London underground – for 2 weeks • Rail 4-6 weeks and tram /metro /rail interiors for 4 weeks in different locations)

end of stamp Duty Land tax holiday

As the Stamp Duty Land Tax (SDLT) holiday deadline approaches on 30 June 2021 in England with tapered rates applying until the end of September, the Law Society has published new guidance for under-pressure conveyancing solicitors. Solicitors in Wales are also subject to the same deadline as the Welsh land transaction tax ends on 30 June 2021. There is guidance about managing client expectations and practical suggestions for dealing with transactions on the Law Society website at https://www.lawsociety.org.uk/contact-or-visitus/press-office/press-releases/final-countdownon-stamp-duty-holiday-leaves-conveyancingsolicitors-under-pressure.

covid-19 and safety

Much of the Law Society’s work has continued to focus on member safety and the 3Rs – ‘Reset, Resilience and Recovery’ campaign (the 3Rs). Updated support and guidance can be found on the Law Society website at: https:// www.lawsociety.org.uk/topics/coronavirus. That work has had a significant impact including the following:

• Over £500million public spending was allocated from the Treasury to the justice system as part of the 1-year spending review; • The Ministry of Justice’s budget was protected for 2021 and the Chancellor announced an above inflation increase of more than 4%. • Almost 220 solicitors facing redundancy or employment related challenges benefited from the Law Society’s career clinics and gave positive feedback on the service. • The Law Society liaised closely with government departments to secure further clarification and confirmation that solicitors, who act as key workers in

England by attending court and fulfilling legal obligations, will continue to be treated as such. • On business support measures, the Law

Society joined calls suggesting that business support should be commensurate with the scale of the restrictions imposed. • The Law Society is in regular contact with

HMCTS, including a weekly court safety meeting allowing concerns of members to be raised.

hMcts and the Probate service

Since April, the Law Society has received feedback from members that the data shared by HM Courts and Tribunals Service (HMCTS) did not reflect the reality of using the probate service. At its latest meeting with HMCTS, the Law Society asked about delays, communication with HMCTS, difficulties accessing the online service and what was being done to address these issues.

The next meeting with HMCTS is due to take place at the end of June, so if you have any queries or concerns about the probate service, please do send them to hmctscourtreform@lawsociety.org.uk so that matters can be taken up for you.

criminal Law

The Law Society has written a joint letter with other practitioner groups to the Lord Chancellor, urging reconsideration of the fee structure for pre-charge engagement (PCE).

The purpose of the new scheme is to make it easier for the defence and prosecution/police to discuss the evidence prior to charge. As the scheme stands, however, the essential pre-engagement work that the solicitor must undertake with the client will not be paid for.

More Nightingale courts are to be opened and the Law Society is calling for more investment in additional court capacity. Trials are now being listed for 2023 with the latest figures at the end of April showing there were 57,894 outstanding cases in the Crown Courts and 463,215 in the Magistrates’ Courts.

Work in Wales On his visit to Wales, Sir Christopher Bellamy, the Chair of the Independent Criminal Legal Aid Review, met with the Law Society and criminal practitioners across Wales. He also visited Swansea Magistrates Courts, Cardiff Crown Court and Cardiff Bay and Ystrad Mynach police station.

The Law Society held a Domestic Violence Awareness Event for members to learn more about creating a supportive workplace and emphasised that domestic abuse is everyone’s business.

hMRc and vat HMRC has called for evidence on the VAT rules relating to land and property with a view to simplifying the rules. The Law Society will be sending a response and would like to hear your views. Further details of HMRC’s proposals are on the Law Society website at https:// www.lawsociety.org.uk/topics/property/hmrc-call-for-evidence-onsimplifying-the-vat-land-exemption. If you have any comments on them, please email property@lawsociety.org.uk by Monday 5 July 2021.

asylum Law proposals undermine Rule of Law The Law Society has responded to the government’s consultation on changes to Asylum Law, labelled as the “New Plan for Immigration”. The proposals seek to push asylum-seekers who reach the UK by irregular routes into destitution or homelessness as a way of coercing them to leave the country. The purported aim of the changes is to punish people smugglers but the Law Society has pointed out that victims of criminal networks will also suffer. There are also proposals to limit access to the courts and rights of appeal which will remove critical safeguards from a system which makes crucial decisions about people feeling persecution. The plans pose a serious threat to the Rule of Law and undermine access to justice. Further details can be found at https://www.lawsociety.org.uk/contact-or-visit-us/press-office/pressreleases/new-immigration-plan-risks-making-a-mockery-of-britishfair-play.

brexit and International Clauses allowing the breach of international law were removed from the Internal Market Bill in December, following progress in the negotiations regarding the UK’s future relationship with the EU. This followed a successful Law Society campaign on the issue, which saw more than 5,000 people write to their MP using our campaign and call to action, to raise concerns regarding the proposals.

The Law Society’s Brussels office is leading on influencing the EU’s approach to the Lugano Convention. The focus is on emphasising how UK participation on Lugano is not just in the interests of the UK or UK legal service providers, but also in the interests of small and medium enterprises (SMEs) and consumers.

The UK can now begin the process of joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP will provide important benefits to the UK services sector given the number of UK businesses that reside in the Asia-Pacific region. The UK is the first new signatory to join and this is an opportunity for the UK to show leadership in international trade

The Law Society’s Global Legal Centre campaign continues to focus on specific audiences, and we have been promoting our ‘Jurisdiction of Choice’ report to key stakeholders in target areas.

Please do have a look at the Law society website and register on My Law society if you have not already done so. this will also enable you to access Law Society Connect which is an online secure private portal for sole practitioners and small firms to network and support each other. Please also follow me on LinkedIn and twitter (@lubnashuja) to keep up to date with Law society work. If you would like any further information on Law society activities, or wish to discuss any issues affecting sole practitioners, or indeed, if you would like me to raise any matters with the Law Society, please do not hesitate to contact me on Lubna.shuja@lawsociety.org.uk or on 0121 551 7866.

Lubna shuja Law Society Council Member for SPG Chair of the Law Society Membership and Communications Committee Member of the Law Society Board, June 2021