Solicitor firms must comply with the regulations which govern them

Advice Resolutions Law Consultancy uncovers irregularity of solicitor firm giving misleading information constituting misrepresentation

A recent landmark decision by the Legal Aid Agency (LAA) has resulted in a solicitor firm being given advice on complying with the Civil Legal Aid (Procedure) Regulations 2012, 23 (4).

Advice Resolutions Law Consultancy was instructed by a client to investigate the accuracy of a solicitor firm’s reading of the Civil Legal Aid (Procedure) Regulations 2012.

The client initially instructed the solicitor firm in community care matters. The client later withdrew their instructions to the firm. For the purposes of whether another legal aid solicitor could be instructed, thereafter, the firm’s advice cited that the time began to run from the date the client instructed them until the withdrawal of the client’s instructions.

The client disputed by way of complaint the advice given by the solicitor firm who refused to accept the client’s complaint that they were, indeed, incorrect. As a result of a complaint being brought to the Legal Aid Agency by Advice Resolutions Law Consultancy concerning the firm’s erroneous advice of the civil legal aid regulations, the Legal Aid Agency had investigated and decided in the client’s favour by addressing their serious concerns directly with the solicitor firm.

What this case tells us is that not only should solicitors be familiar with the regulations which govern them, but that they could resolve client’s complaints early on before they are referred to their regulators to decide against them.

In the worse case scenario, if a client in these circumstances was subject to a time limit to bring a claim and lost that opportunity to do so, the case could have resulted in a lost chance to litigate. The result of which could have escalated the case against the solicitor firm for their misleading advice in misrepresentation.

Actions against against the police – Police verbal warning given illegally

Our client, Mr A was accused of assault by another.  Two Police constables attended on the scene and advised that there was no corroboration of the alleged assault.  However, contrary to law,  a verbal warning was given to our client, illegally. From our established research, and found to be contrary to primary legislation and the Police guidance procedures given the authority of primary legislation, the verbal warning was given. On behalf of our client, Advice Resolutions sought to make a complaint to both the Police Investigations and Review Commissioner and the Police Standards departments.  After the senior officer of Police investigated, the Police conceded that when there is no corroboration in Scottish law when an allegation of assault is made, then they can take no further action and the law is very strict in that regard.

The Police constables called to the incident were both given corrective advice, and this action would not have been taken if both Police Constables had not acted with misfeasance in public office. No explanation, justification nor excuse was offered. Prima facie, we proffered that this case was also a claim for discrimination based on race, one of the protected characteristics of the Equality Act 2010. There was no adequate explanation given by the Police constables for not following the enshrined legislation they ought reasonably to have known existed and were not exempt from.

If you have a complaint against the Police please contact Advice Resolutions, as we will research Police protocol, legislation and guidance to assist you in your case. We cannot represent you in criminal cases, but can work alongside your chosen solicitor, barrister and/or undertake research.

“Social Care and Health funding in many parts of the UK is continually denying the basic fundamental rights of care for all age groups”

The public is facing a growing “care injustice” as people are finding it more difficult to get help in England, the regulator is warning.

The Care Quality Commission highlighted growing hospital waiting lists, delays at A&E and record dissatisfaction levels with GPs in its annual report.

Mental health and old-age care were also becoming harder to access.

And the report said even where there was care available many people only had the choice of failing services.

In its 130-page review, the regulator pointed to

  • the lack of out-of-hours GP care
  • rising rates of preventable admissions to hospitals
  • overcrowding on wards and worsening A&E waiting times
  • the growing waiting list for routine operations
  • mental health patients being made to travel long distances for treatment
  • older people going without the help they need for daily tasks such as washing and dressing

Don Redding, of the patient group, National Voices, said it was clear the system was “malfunctioning” and the report should act as a “loud alarm bell”.

He urged the government and NHS leaders to take notice as they prepare to publish their 10-year NHS plan later in the autumn, setting out how the extra funding for the health service will be spent in the coming years.

The report is being published as the BBC relaunches its NHS Tracker project, which enables users to find out how their local areas are performing on cancer, A&E, hospital care and mental health services.

Employment Tribunals can no longer charge fees to employees to bring their employment dispute cases – A long awaited triumph set to re-regulating employment law

It comes after a government review found the number cases taken to employment tribunals had fallen by 70 per cent following the introduction of the fees four years ago.

Unison, the UK’s largest trade union, won the “landmark” victory after they argued that the fees of up to £1,200 discriminated against workers.

In their ruling, the court said: “A significant number of people have found the fees unaffordable.”
The Ministry of Justice said the Government will take immediate steps to stop charging employment tribunal fees and refund those who have paid.

General secretary Dave Prentis said: “The Government is not above the law, but when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work.

“The Government has been acting unlawfully, and has been proved wrong – not just on simple economics, but on constitutional law and basic fairness too.
“It’s a major victory for employees everywhere. Unison took the case on behalf of anyone who’s ever been wronged at work, or who might be in future. Unscrupulous employers no longer have the upper hand.

“These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

“We’ll never know how many people missed out because they couldn’t afford the expense of fees, but at last this tax on justice has been lifted.

The decision marks the end of a four-year fight by Unison to overturn the Government’s introduction of fees.