Consultations

The Law Society recently held its consultation on the practising fee following a challenging 2020

As well as prioritising  members and other stakeholders, the law society has also taken into consideration the ongoing implications of the pandemic, Brexit negotiations, and technology.

This follows a very positive period for the Society in which it was seen to strongly support Solicitors during the pandemic and this quickly followed on the back of the significant role it played during the brexit process in prviding guidance and a measured voice as brexit plans changed .

The Society has now set out its 6 strategic aims for the coming period including :

  • Upholding the Rule of Law
  • Protecting access to justice
  • Influencing regulation and assisting members and firms in their compliance

You can now read full details of the Plans and see the latest updates on the outcome of the consultation here

Follow this link : https://www.lawsociety.org.uk/membership/practising-fee-consultation/

The Independent Review into Criminal Legal Aid has been busy in seeking the views of practitioners and this included a session hosted by the Yorkshire Union of Law Societies . We are now awaiting further news from the review as to its next steps

Access further information here : https://www.lawsociety.org.uk/topics/criminal-justice/criminal-legal-aid

 

Dispute Resolution Consultation

The MOJ is now seeking input from Practitioners as to the role of Dispute Resolution which includes a consideraiton of whether ADR or mediation should be made mandatory . This raises important issues and it will be necessary for Solicitors who repsond to consider the criteria for any reccomendations

The Court Service says that there has already been significant progress through the HMCTS reform project with civil money claims, damages, possession claims, enforcement, parts of the tribunals, and public and private law family applications moving online. But we need to build on this progress including utilising more innovative technologies with an integrated online dispute resolution process.

As we recover from the impact of the pandemic, we want to make the justice system better able to resolve disputes in smarter ways, combining pre-claim portals and court processes with integrated mediated resolution interventions.

Access the Consultation here https://consult.justice.gov.uk/digital-communications/dispute-resolution-england-wales-call-for-evidence/

The deadline for responses is the 30th September 2021

Aligning the fees for grants of probate to cost recovery

A consultation on whether the cost of a Grant of Probate should be aligned into a single fee of £273

The objectives of this proposal are:

  • to remove the unjustified discrepancy between professional and non-professional applicants for probate. This would bring the fee structure into alignment with HM Treasury’s Managing Public Money, where all users should pay the same fee for the same service.
  • to ensure that the fee recovers the cost to Her Majesty’s Courts and Tribunals Service (HMCTS) of delivering the service.
  • to protect access to justice by ensuring that courts and tribunals are adequately resourced, while reducing the overall taxpayer subsidy for HMCTS.

Access the Consultation here : https://www.gov.uk/government/consultations/aligning-the-fees-for-grants-of-probate-to-cost-recovery

Deadline 23rd September 2021

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Modernising Powers of Attorney

The Ministry of Justice and OPG are working to modernise LPAs. The aims of this work are to:

  • increase safeguards, especially for the donor
  • improve the process of making and registering an LPA for donors, attorneys and third parties
  • achieve sustainability for OPG whilst keeping LPAs as affordable as possible for all people in society

Creating a modern LPA service will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation. The Ministry of Justice has launched this consultation as we want your views on the potential changes to the legal framework for lasting powers of attorney.

The Consultation can be accessed here https://consult.justice.gov.uk/opg/modernising-lasting-powers-of-attorney/

The Deadline for responses is 13th October 2021