Legal profession (Complaints) 2011
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Here are some potential reasons why it was seen as unfair for representative societies like the Law Society and Bar Council to be responsible for regulating their members: - There was a conflict of interest, as their primary role was to represent the interests of their members (lawyers), not the public. This may have compromised their ability to properly discipline lawyers. - They were not truly independent, as the lawyers they were regulating were also members paying dues to the representative societies. This could undermine impartial enforcement of regulations. - The public could perceive the regulatory process as not being fully objective or at arm's length if it was run by the same organizations representing lawyers. This could undermine public trust and confidence. - Lawyers may have
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Damian pulled a knife on Juan during an argument. Juan ran into the road in fear and knocked over Brenda on a bike, causing minor injuries to Juan and ultimately leading to Brenda's death after being hit by a car due to a thin skull. Juan refused medical treatment for his cut which became infected with gangrene. A doctor's error during an amputation to treat the infection caused Juan's death.
The statements evaluate Damian's liability for the harms to Juan and Brenda at different points in the causal chain. Statement A argues Damian is not liable for Juan's bruising, while Statement B argues he is not liable for Brenda's death due to her thin skull. Statement C argues the
Actus Reus
The document provides an overview of key concepts in the criminal law topic of actus reus and omissions. It discusses the general rules for establishing criminal liability, which require both an actus reus (guilty act) and mens rea (guilty mind). It examines different types of acts that can satisfy the actus reus requirement, such as acts, omissions, consequences or results. It also explores the concept of omissions in criminal liability and how liability can arise from a failure to act in certain situations where there is a duty of care. The document uses cases like Donoghue v Stevenson and Airedale NHS Trust v Bland to illustrate these legal principles and provides examples, questions, and tasks
Causation End of Unit Assessment
This document provides instructions for students to complete an assignment on the law of causation in tort law. It begins by asking students to plan their response to the question "The approach of the courts to the issues of causation is unfair to the defendant" and whether this is a correct statement of the law. Students are given two hours the following day to complete a 50-mark essay responding to this question. They are instructed to use case examples and details from their notes and planning sheet to support their answer. Feedback is also provided on previous student responses, highlighting areas of strong performance and areas for improvement in demonstrating knowledge of cases, identifying issues, and critically discussing the case law. Students are asked to identify a target for improvement in their
Mechanics of Precedent EoU 2014
Here are potential links between the pictures and the topic of precedent in law:
Picture 1 (scales of justice): The scales of justice represent fairness and balance, which is what courts aim for when applying and following precedent - treating similar cases similarly. Precedent aims to promote consistency and predictability in the law.
Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
Duress & Necessity
Duress can be a defense to most crimes, but not murder or attempted murder. There are three tests for duress: 1) D reasonably feared death or serious injury from a threat; 2) A sober, reasonable person would have acted the same way; 3) The threat was imminent. The threat must be against D or someone they are responsible for, like family. Self-induced duress is not a defense if D knew they could be threatened. Duress of circumstances also considers if D had no reasonable choice due to external factors beyond their control.
Involuntary Manslaughter
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
Loss of Control
The document provides an overview of the law on loss of control as a partial defence to murder. It discusses the issues with the old law on provocation and how the Coroners and Justice Act 2009 aimed to address these. It examines the elements of the new defence, including the requirement for a loss of self-control, and the two qualifying triggers of fear of serious violence or circumstances of an extremely grave character that caused a justifiable sense of being seriously wronged. The document applies these legal principles through examples and evaluates whether the new law has adequately reformed the issues with the previous defence of provocation.
Diminished Responsibility
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
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Legal profession (Complaints) 2011
- 1. Legal Profession: Complaints and Reform G151 ELS Miss Hart
- 2. First things first...Which of the following refer to barristers and which to solicitors Barristers Solicitors LPC Inns of Court Tenancy Training Contract BPTC Graduate Diploma in Law Called to the Bar
- 3. Complaining about your solicitor Either: Service given Or Amount of compensation received or the fees asked to pay
- 4. SolicitorsContractual In instructing a solicitor you entering a contract Why is this so important? If you don’t pay... they can sue you for them But You may also have the right to take action for breach of contract whether you are the client, or are affected by the actions of the solicitor Griffiths v Dawson (1993) White v Jones (1995)
- 7. Wrong drafting of documents
- 8. Inadequate service or bad adviceHall v Simon 2000
- 9. SolicitorWhat about the ‘complaint’ route? Please note that this has all changed as of January... But you need the old system
- 10. Again, this has changed a little! BarristersComplaints Procedure
- 11. BarristersBreach of Contract? Can a barrister be sued for breach of contract by a client? Can a barrister sue for unpaid fees?
- 12. BarristersNegligence You have to prove that you were owed a duty of reasonable care and skill, that the duty has been breached and that you have suffered loss and damage as a result. Hall v Simon 2000 Saif Ali v Sydney Mitchell Co 1980 Negligent work outside court Negligence in advocacy
- 13. A-B Stretch & Challenge A New System?Legal Services Act 2007 This has brought in a new complaints procedure, which is independent of both professions and began to come into effect from October 2010
- 14. How did these reforms come about? Student Task Answer the following questions using the articles at the back of your pack. What were the problems with the old system? What were the aims of the review? Which model was recommended? Why did the Bar Council and the Law Society have to separate their regulatory and representative functions? What concerns have been expressed? Clementi Review Legal Services Act 2007
- 15. So what’s happened? Legal Services Board Legal Ombudsman Alternative Business Structures New, independent body responsible for overseeing the regulation of lawyers in England and Wales Board of 8 members most of whom are non lawyers. Created and overseen by the Office for Legal Complaints and has come into effect from 6th October 2011 Investigates all complaints about lawyers. Chairman & 6 members who are non-lawyers Allows lawyers and non-lawyers to set up businesses together. ‘Tesco law’ Licence given out by BSB or SRA, and recommended to Lord Chancellor Will replace Legal Disciplinary Practices (LDP) (not in effect yet!)
- 16. Problems: Your Great Aunt Betty has died. You were told that she had left you her house, and have a letter which she sent to her solicitors saying this, but her will was not updated. Do you have an action? You were involved in a nasty car accident. You instructed your solicitor to take action, and they said that they would with a maximum fee of £2000. However, they have sent you a bill for £10,000 for work done. Do you have an action? You discover that the barrister who accepted instructions has no experience in this complicated area of the law and is unfamiliar with it. You have lost your case. Do you have an action? Your solicitor has asked a barrister for advice on the possible submission of key evidence in your claim. The barrister concluded that it was not valid. You have lost the case, but discovered that the evidence was legally vaild. Do you have an action?
- 17. Representative Societies? Thinking (AO2): Why do you think that it was unfair that they used to be responsible for regulating their members?