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* Millions of pounds held by law firms could be at risk if any more banks go under. Money held in firms’ client accounts — house deposits, probate funds, compensation — is only as safe as the bank it is kept in. Mark Stobbs, director of legal policy at the Law Society, has told the Law Society Gazette: “We concluded that if a bank account is held by a solicitor on behalf of a client and the bank goes bust, it is going to be the client’s problem, rather than the solicitors.” Estimates of sums involved vary from £1 billion to £3 billion. So where is all this clients’ money? One solicitor tells Law Diary: “RBS went out a few years ago to target professional accounts. So they must have a good slice of the market.”
* The Attorney-General may have seen off most of the reforms mooted to dismantle her office but in one respect things are to change. Baroness Scotland of Asthal will no longer regularly attend Cabinet — only when her responsibilities demand it. Alan Beith, QC, MP, chairing the Commons Justice Committee this week, remarked that it was a good idea (not surprisingly, because his committee put it forward). But Jack Straw, the Justice Secretary, who was giving evidence, revealed that the move had come from the Prime Minister.
* Talking of Attorneys-Generals or former ones, Lord Goldsmith, QC, turned out with Michael Napier, the A-G’s pro bono envoy, to launch the Access to Justice Foundation yesterday that will ensure that when a lawyer takes a case free and wins, the opponent (who at present is not ordered to pay costs) will have to pay up and the money go into the foundation, to fund other pro bono work. (Details in Times Law Online next week.) The banking system may be in meltdown but Coutts — hosts of the reception — seems to be unscathed, one lawyer noted, to judge by the amount of champagne.
* Clifford Chance was the first law firm off the mark to boast of making The Times Top 50 Places for Women to Work. Three others also did: Addleshaw Goddard, Eversheds and Herbert Smith.
* Dame Hazel Genn is giving the 2008 Hamlyn Lectures on the civil justice system (November 27) and judges and civil justice (December 4). Details: www.ucl.uk/laws/events
* Leading legal alumni of Magdalen College, Oxford will be turning out to celebrate the college's 550th anniversary of its foundation by William Waynflete for a debate or moot on libel (Professor Toast v Egg) on October 18. Presiding is Lord Browne-Wilkinson, the former senior law lord, with the US Supreme Court justices Stephen Breyer and David Souter. The moot will see top QCs Jonathan Sumption sparring with Michael Beloff. More details: development.office@magd.ox.ac.uk.
* The recent reshuffle has seen some changes down at the Ministry of Justice. Maria Eagle, the Parliamentary under-secretary, is going to split her time with the department and working for Harriet Harman, deputy leader and minister for women; while Lord Hunt of Kings Heath, another parliamentary under-secretary, moves to the Department for Climate Change and Energy. His brief, including legal aid, is expected go to Lord (Willie) Bach. He has handled it before so won't be phased by being plunged into the dispute over legal aid. Shahid Malik, MP for Dewsbury, also arrives - but with no brief yet announced.
* The Director of Public Prosecutions called for a crackdown this week over the degrading and violent treatment being meted out to disabled people who, in some cases, are being treated “like animals”.
Sir Ken Macdonald, QC, said that there was “widespread” abuse of disabled people that was being ignored by the criminal justice system. “Disability hate crime is very widespread,” he said. “At the lower end of the scale there is a vast amount not being picked up. The more serious offences are not always being prosecuted as they should be. This is a scar on the conscience of criminal justice.”
Sir Ken, addressing an event in London hosted by the Bar Council and the Equality and Diversity Forum, listed examples of hostility towards disabled people. These included stones, yoghurt and bad eggs being thrown at windows, people being told they should have been “put down at birth”, items being stuffed through letter boxes and a campaigner for the rights of people with learning disabilities who will not leave his house in the evening.
The biggest barrier to prosecution was that disabled people were perceived as “easy targets” rather than targest of hostility. As a result prosecutors were not always making the best use of legislation enabling courts to punish offenders more severely, he said.
* New laws for protecting the elderly and confused are to be overhauled just a year after coming into force because lengthy delays, bureaucracy and costs are leaving people vulnerable.
The new system, run by the Office of the Public Guardian under the Mental Incapacity Act 2007, has come under fire as an “expensive shambles”, with people unable to take swift action to help their relatives. It is taking up to six months to sort out powers of attorney enabling people to take on the handling of financial affairs for someone who is elderly or confused; and costing them hundreds of pounds in fees. Martin John, chief executive of the Office of the Public Guardian, has promised a wide-ranging review of the Mental Incapacity Act that will last 12 to 18 months and include consultation.
Henry Bellingham, shadow justice minister, said: “This is very much a question of unintended consequences because although the Government had good intentions, the new system for protecting vulnerable or mentally ill relatives is incredibly bureaucratic and as a result, far more expensive.”
The new lasting power of attorney, which replaced what was called an enduring power of attorney, saw “a one or two-page document costing about £100 in lawyers’ time” replaced with a document “25 pages long and typically costing ten times as much”, he said. “This is a complete shambes and very sadly people are dying before protection is put in place.”
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