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NEWS
Law360, London: A London appeals court has upheld a High Court ruling that two solicitors and a former senior tax manager devised a scheme to cut out beneficiaries from Jersey trusts in what they saw as a 'huge commercial opportunity' to divert an estimated £278m to themselves.
NEWS
Law360: A legal victory by a Walker Morris LLP partner over its mandatory retirement policy is a 'warning shot' to firms, underscoring that they cannot rely on retirement age policies to make room for younger talent to advance, lawyers say, as the once-declining practice regains popularity.
PRACTICE NOTES
This Practice Note covers the lawyer’s role in mediation including the need to routinely consider and discuss the possibility of alternative dispute resolution (ADR) with the client, and if all parties decide to mediate or the court orders it, the lawyer’s role in choosing the mediator, organising the mediation, assisting and advising during the mediation and drawing up the settlement agreement. Basis of lawyer’s obligations ADR should be treated as part of the dispute resolution process and your role with regard to ADR begins at the very outset of a matter when you review with your client the various dispute resolution options. A party’s legal representative will need to advise their client about its obligations to consider ADR both before and during any litigation, and the courts’ powers with respect to ordering or encouraging the parties to consider ADR. The client should also be made aware of the potential costs consequences where a party unreasonably refuses to engage in ADR or fails to comply with a court order for ADR. For more information, see Practice
NEWS
The Law Commission has announced a review of the product liability regime established under the Consumer Protection Act 1987 (CPA 1987). This initiative aims to assess whether the current legal framework remains effective in addressing harm caused by defective products, particularly in light of technological advancements over the past four decades. The review will examine the regime’s adequacy in managing risks associated with emerging digital technologies and consider potential reforms to ensure it continues to protect consumers while supporting innovation and industry. Stakeholders are invited to contribute their views on the regime’s current challenges and the areas the review should prioritise.
GLOSSARY
means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business
Q&As
The executors’ role The Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must: • collect and get in the deceased’s estate • administer it according to the law and with due diligence For guidance on the role and the powers of the personal representatives, see Practice Notes: Definition of a personal representative and Personal representatives—powers, duties and remuneration. For guidance on the liability of personal representatives, see Practice Note: Personal representatives—liability. Failure
GLOSSARY
A lay witness is a person who gives evidence in legal proceedings based on their own observations or experiences, rather than on specialist or expert knowledge. In UK and Irish practice, the term is descriptive rather than formally defined in a single statute, but is widely used in civil and criminal courts to distinguish such witnesses from expert witnesses.A lay witness may testify about facts they perceived (for example, what they saw, heard, or did), and may give limited opinion evidence where this is treated as a shorthand for factual observation (such as describing someone as “drunk” or “angry”). They must not provide technical or professional opinions that require expertise; that is the role of an expert witness.Across England and Wales, Scotland, Northern Ireland and Ireland, the core concept is consistent, although detailed evidential rules are found in different legislation and procedural codes (for example, the Criminal Justice Act 2003 in England and Wales, and equivalent rules of evidence elsewhere). The reliability, credibility and admissibility of lay witness evidence are central issues in trial preparation, examination-in-chief, cross-examination and fact-finding by the court.
GLOSSARY
The concept of layered network architecture divides a network at any specific point into layers, each of which adds value to the physical medium of communication.
NEWS
The Legal Ombudsman (LeO) announced the development of a Model Complaints Resolution Procedure (MCRP) designed to standardise first-tier complaint handling across legal service providers in England and Wales. This initiative responds to data indicating that 48.7% of assessed complaints in 2024–25 experienced unreasonable initial handling and highlights issues with consumers bypassing complete in-house complaint processes. Developed in collaboration with sector regulators, the MCRP will be piloted during summer 2025, followed by a full consultation in early 2026. The procedure aims to achieve early resolution through swift explanations and meaningful apologies and will be supported by comprehensive materials, including template letters, toolkits, and guidance, to enhance client trust, promote consistency, and reduce costs.
NEWS
The Legal Ombudsman (LeO) has published an article in its Spotlight insight series, focusing on good practice when responding to requests from beneficiaries during estate administration. The guidance responds to a rise in complaints about wills and probate, which increased by 28% in 2024–25, and emphasises the importance of providing clear, proportionate and timely responses. It highlights the need for transparency around roles, decision-making and costs, and aims to help providers deliver reasonable responses to reasonable requests within a reasonable timeframe.
NEWS
The Legal Ombudsman (LeO) has launched a call for input on its draft Model Complaints Resolution Procedure. Developed in line with Legal Services Board requirements from May 2025, the standardised procedure seeks to improve first-tier complaint handling after LeO identified that 49% of complaints in 2024–25 were poorly managed. Following a three‐month pilot with legal service providers, the model will be finalised for publication in summer 2026. The call for input closes on 19 May 2026.
NEWS
The Legal Ombudsman (LeO) has launched a new Spotlight series, aimed at highlighting common themes and trends observed in the complaints it receives. Each article in the series seeks to provide insight into common complaint issues and tips for ensuring best practice in legal service delivery, along with guidance on effective complaint management. The first article focuses on the upcoming changes to Stamp Duty Land Tax (SDLT), effective from 1 April 2025. It outlines LeO’s standards for good service and its expectations for service providers in handling complaints related to the failure to complete a transaction before the SDLT changes come into force. The article also explains LeO’s approach to evaluating these complaints, including potential remedies for identified service failings. Further Spotlight articles will be published throughout 2025-26.