“Every dispute has a sweet spot at which it is most susceptible to resolution.” Those were the words of the Master of the Rolls in a webinar given to the Law Society on 28th January 20211 . Here are some thoughts about when the sweet spot might be. If you are wondering when the best time to mediate your case might be, why not ask a mediator?
The mediation sweet spot
Identifying the sweet spot
So, what did the Master of the Rolls mean when he talked about the “sweet spot”. How can we find it? This is all about being clear about what the litigation process can and cannot provide; understanding what mediation has to offer and assessing investment risk, balancing the costs burden of pursuing litigation against the consequences of doing so.
There is so much to report on since the last SOLO magazine in summer. Firstly, as many of you will already know, I am delighted to confirm that I was elected as Deputy Vice-President of the Law Society of England and Wales and took office at the AGM in October 2020. More about that elsewhere in SOLO!
Report from Law Society Council Member – Lubna Shuja
Unfortunately, the pandemic continues and we are now in the middle of the third lockdown with no real end in sight although the vaccine has provided some hope. Remote Council meetings have continued, and it has been another very busy period of continued hard work at the Law Society to support members through the ongoing challenges. Brexit has finally happened but that is by no means the end of the matter for members.
Following on from our review of the October PII renewal season, we wanted to share some thoughts on what 2021 might bring for sole practitioners. Firstly, with the help of one of our risk managers, Amy Bell, we will be providing some strategy guidance in regard to your compliance plans for the year ahead. While we do not have a crystal ball to predict the future, we will also do our best to provide an overarching view of what the next few months may hold for the insurance market.
The disruption caused by Covid-19 has meant compliance plans being pushed back for the majority of practices, who have naturally focussed on maintaining financial stability throughout the pandemic. Going forward into this year, it is important for practices to re-prioritise compliance plans, putting into action any items that were delayed from 2020.
Keith Borer Consultants is celebrating its 40th year in 2020. Since Dr Borer’s involvement in criminal trials in the very early days, the company has grown to a team of 45, including forensic experts, casework logistics support, accounts and marketing.
Benefits of instructing Keith Borer Consultants
Forensic expertise when you need it
We prepare reports in criminal, civil, family, disciplinary, review and private matters
We have collective expertise across the full range of forensic science disciplines
All staff are employed directly and not a network of outsourced consultants
Experts undertake regular training and competence assessments
All reports are peer reviewed by a second scientist
Our dedicated admin support team are on hand to help progress cases and keep you informed
Robust quality systems ensure consistency and high standards
Bell vs Tavistock: Does informed consent stand in the way of autonomy?
Bell vs Tavistock : Neil Sullivan
In a landmark court case, judges ruled that children under 16 years of age could no longer be prescribed puberty blockers unless this has been authorised by the court. The reason: under 16s are not likely to be competent enough to “understand and weigh the long-term risks and consequences of the administration of puberty blockers”[1]. The judgement did not stop there, though. It also ruled that where persons over 16 years of age are involved, “clinicians may well regard these as cases where the authorisation of the court should be sought prior to commencing the clinical treatment”. The legal challenge was brought against the Tavistock and Portman NHS Trust in London. One of the claimants was Keira Bell, who was prescribed puberty blockers at 16 by the Trust’s GIDS (Gender Identity Development Service) clinic, but later regretted transitioning[2].
The High Court ruling was not quite the outcome people expected and, naturally, led to a polarised reaction. While some welcomed it as “a victory for common sense”, others were concerned it would curb young trans people’s rights[3]. The issue of informed consent was a fundamental part of the judges’ final decision. However, it also begs the question: Could informed consent stand in the way of young individuals’ autonomy over matters regarding their health?
John Espley, CEO of LEAP UK, the legal practice management software provider, puts forward the case that the pandemic has created an opportunity for Sole Practitioners to improve their systems by becoming more agile and therefore offering a better service to their clients.
The need for digital transformation is a necessity.
At the start of the pandemic many law firms were still over reliant on old and traditional systems and methodologies, relying on paper-based systems and face to face contact.
The SRA, acting in conjunction with all of the other legal regulatory bodies in the UK as part of the “Affinity Group”, has now published its updated professional guidance on how those affected by the Money Laundering Regulations must ensure compliance with them. Noticeably longer and more detailed than the previous guidance, the clear message is that compliance is not optional, and that ignorance of what is now required of firms will not stand in the way of regulatory, and quite possibly, criminal sanctions.
The Pandemic Effect: The Outsourced Transcription Provider as a Resource
The pandemic, and its subsequent lockdown, hit many law firms hard. As a result, this has made firms reevaluate business continuity planning, and to look at what efficiencies can be made to improve the bottom line.
As a sole practitioner it is even harder: not only do you have to provide great service to your clients; you also need to spend time nurturing your business, to make it thrive and grow.
Given high workloads and ever more demanding clients, the idea of putting aside some time for training might be far from most people’s minds.
Current exceptional circumstances mean that face to face training is now also a thing of the past, but there are several training opportunities that enable conveyancers to ensure that they are up to date with developments in law and practice.
