Society's News


BLS New President 2016/17- Becky Moyce

Becky Moyce was invested as President of BLS at its AGM held in its new offices on 23 November 2016. Biography Becky joined Temple Bright LLP as a Partner in January 2011.  She is a specialist property litigation lawyer and mainly handles commercial landlord and tenant disputes, property-related insolvency issues and land ownership disputes. Becky joined BLS Council in December … more


Urgent Court Business- a reminder to Solicitors of the contact details and procedure

Civil and Family work: Injunctions e.g. Anti Social Behaviour Orders obtained in the County Court. Children Act applications (for example child snatch cases where a residence order has been made in the County Court and the child has not been returned ) Domestic Violence Injunctions with a power of arrest attached issued in the County Court under Part IV Family … more


How can legal practitioners protect themselves from increasingly common conveyancing professional negligence claims?

Jonathan Simon, Executive Director, Willis looks at risks of professional negligence in conveyancing. Conveyancing claims, in my experience as a broker, account for roughly a third of all notifications of claims against solicitors, but during a recession the figure can rise to closer to half. As the UK economy has been out of recession for some time, and property teams … more


News


Urgent Court Business- a reminder to Solicitors of the contact details and procedure

Civil and Family work:

  • Injunctions e.g. Anti Social Behaviour Orders obtained in the County Court.
  • Children Act applications (for example child snatch cases where a residence order has been made in the County Court and the child has not been returned )
  • Domestic Violence Injunctions with a power of arrest attached issued in the County Court under Part IV Family Law Act 1996,
  • Other urgent applications where an individual’s personal safety, well being, business or assets may be at risk.

Criminal work:

Urgent ‘out of hours’ application may be made in the Crown Court under:

  • Schedule 1 of the Police and Criminal Evidence Act 1984; and
  • Section 28 of the Drug Trafficking Offences Act 1986.

Times when the system operates

between 4 pm and 8.30 am each weekday;

between 4 pm on Friday until 8.30 am on Monday for each weekend; and

from 4 pm on the last day preceding a public or privilege holiday until 8.30 am on the day the court is next open

The following points would be helpful in deciding whether a court sitting should be convened:

(a)        If respondent has been in custody over 24 hours they must be released and the court has no powers in these circumstances.  Police could hold the respondent if he has committed a criminal offence in which case an order under these provisions would not be necessary.

(b)        If arrested before 10.30 am Saturday morning a hearing must be arranged.

(c)        If arrested after 10.30 am on Saturday morning the respondent can be brought before the court on Monday morning at 10.30 am. This is because Sundays, Christmas Day and Good Friday are not reckonable in the period of 24 hours.

How it operates

Urgent Court Business Officers all carry a Mobile Phone.  Anybody who needs to contact one of them simply telephones the number provided. The officer will then discuss the case with a member of the judiciary who will decide whether a hearing is necessary. 

The number to call is : 07795  302944

The Areas covered are Bristol, Bath, Somerset and Gloucester.

Hearings in Bristol

If a hearing is deemed necessary by a Judge in Bristol, most hearings will be held at the new Bristol Magistrates Court. The Urgent Court Business Officer will advise court users of the time of the hearing and if a hearing is to be held at an alternative venue.

 

 


Election 2017 – TLS analysis on what do the party manifestos say on law and justice?

If you want an overview of the parties manifestos with regard to law and justice in the upcoming election, this quick analysis by the Law Society is a useful starting point.

http://www.lawsociety.org.uk/Support-services/General-election-2017-and-the-legal-sector/analysis-of-party-manifestos/

 

 

 


Lawyers and Mental Health

This month saw mental health awareness week (8-14th May) and as part of that CEO of Law Care , Elizabeth Rimmer shared her thoughts on Why lawyers are particularly vulnerable to mental health issues

BLS also got in the act late in April with its Lunch & Learn series of seminars aimed at junior lawyers where it hosted Mary Jackson from Law Care and Sue Ellis from the SBA who spoke to a roomful of lawyers about how to look after themselves at work and tips to improve their wellbeing http://www.bristollawsociety.com/wp-content/uploads/2017/03/Lunch-and-Learn-Speaker-Biography-wellbeing-at-work.pdf


Law Society Monthly Report – May 2017

The Law Society

The Law Society

May 2017 (South West)


Valedictory speeches for the retirement of His Honour Judge Roderick Denyer QC- Friday 9 June 2017

To mark the retirement of the Judge, Valedictory speeches are to be held at the Bristol Civil and Family Justice Centre on the above date.

The speeches will be held in Court 7, floor 2 from 10am to 11am.

The guest speakers will be:-

The Honourable Mr Justice Dingemans

Mr Glynn Edwards (TBC) replying from St John’s Chambers

Mr Robert Bourns replying from TLT Solicitors

Anyone from the Legal Profession are welcome to attend


Deeds Sought

Does any members know the whereabouts of the firm P V Crabbe please?

If you have any information, please contact Clair, BLS Events & Membership Coordinator,  by email info@bristollawsociety.com

Many thanks.


BLS Conference and Meeting Room Suites Room Hire Information

Bristol Law Society’s suite of conference and meeting rooms are conveniently located in the centre between the Waterfront Area and the Old City in a modern building situated on the corner of Colston Avenue and St Stephen’s Avenue.  There are a number of large public car parks within a 5 minute walk from the rooms.

For full information on our facilities and rates please see BLS Room hire rates


JLD Ball – 16th June

The Bristol JLD will be holding their annual charity ball on 16th June at Bristol Harbour Hotel to raise funds for The Sky Project (Registered Charity Number: XT29524).

Tickets are now on sale. Early Bird tickets are £40 and available until 19th May.

For more details and a booking form visit their website. http://www.thebristoljldball.co.uk/v


LJ JACKSON ROADSHOW ON 5 APRIL 2017 IN CARDIFF: FIXED COSTS REFORMS – JUDICIAL REVIEW/PUBLIC LAW FOCUS

REPORT FROM PRESIDENT, BECKY MOYCE

On 5th April Nick Lee, Ben Holt and I attended LJ Jackson’s Cardiff roadshow regarding the proposed extension of the civil fixed recoverable costs regime which is currently under review. LJ Jackson opened the event by confirming that the focus of the review was to see if there was scope to extend the existing regime in a way that would promote access to justice at proportionate cost.  An admirable sentiment albeit a tall order it would seem.

There followed presentations from Theodore Huckle QC, (door tenant at Apex Chambers) and Richard Buxton, (Richard Buxton lawyers) regarding whether the proposed extension of the fixed costs regime would work in public law practice areas. The consensus from the speakers was that it would not and the main points raised were:

Following a short break we heard from District Judge Simon Middleton and Stephen Webber (Hugh James solicitors) about various key considerations of the fixed costs review, namely:

  • Case management; with extensive case management procedures set out in CPR 44.3(5) but widely ignored the suggestion was that either we must ensure that these case management tools which already exist are used OR a new intermediate track with it’s own procedural rules and costs for those procedures could be introduced, (albeit complicated to achieve this for areas into which the fixed costs regime is extended).
  • Exceptions/opt out; for example where the claim value (whether based on money or other factors) is not the determining factor considered by the court when looking at the question of proportionate costs. The question was left open as to whether exceptions should be allowed.
  • Costs phases/trigger points; the current regime allows for costs for each phase of proceedings e.g. disclosure etc. It is already difficult to gauge at what point each phase starts or indeed what costs are proportionate or allowed if, for example only part of a phase has completed. The suggestion was that this is replaced with a chronological approach rather than phased.
  • Part 36; Inevitably where any fixed costs regime exists the interplay with Part 36 is tricky. The question was asked whether the CPR should apply or not in the fixed fee cases or whether there should be an incentive system if offers are put that are not bettered or whether the fixed fee regime is all that matters.

The event was enlightening although ultimately no conclusions were reached, after all, this was not the purpose of the roadshow. Lord Justice Jackson appeared genuinely interested in practitioners views and keen to seek suggestions for how the fixed costs regime could be extended if indeed extension was appropriate. The discussions focussed on the impact for those practising in the areas of Judicial Review, Environmental and Planning Law, Personal Injury and Clinical Negligence. However, the impact of an extension of the fixed costs regime reaches far more widely and we should all take every opportunity afforded to us to express our views on this important issue, whether you support an extension or not.

If you want to read more please find Bristol Law Society’s submission to the recent consultation regarding Extending the Fixed Recoverable Costs regime Extending Fixed Recoverable Costs – Submission 30 1 17 and Nick Lee of Paragon Costs has written an article on the roadshow http://www.paragoncosts.com/site/blog/paragon-blog/fixed-fees-and-judicial-review


Valedictory speeches for the retirement of His Honour Judge Sir Mark Havelock-Allan QC- Friday 19 May 2017

To mark the retirement of the Judge, Valedictory speeches are to be held at the Bristol Civil and Family Justice Centre on the above date.

The speeches will be held in Court 7, floor 2 from 10am to 11am.

The guest speakers will be:-

The Honourable Mr Justice Dingemans

Mr Hugh Simms replying from Guildhall Chambers

Mr Paul Haggett replying from Burges Salmon Solicitors