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07 January 2010 / Jonathan Wyles
Issue: 7399 / Categories: Features , Regulatory
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2009—annus horribilis?

Last year was a busy year for professional negligence claims Jonathan Wyles predicts more
of the same in 2010

The Woolf Reforms, introduced in 1999, led to a dramatic decrease in the number of proceedings issued. Pre-action Protocols have kept commercial disputes out of the courts. In 2006 and 2007 the number of civil proceedings issued in the High Court was approximately 63,000–64,000. However, in 2008 this increased by almost 10% to 70,200, and in 2009 is likely to be higher.

As with the recession in the 1990s, there has been a dramatic increase in the number of claims brought by lenders against solicitors seeking to recover the losses suffered after the sale of repossessed properties. The fall out from the “buy to let” market, which saw the demise of such institutions as the Bradford & Bingley, is responsible for many of these claims. Property fraud is once again making the headlines. The Law Society has increased the levy to cover the expected call upon the Compensation Fund.

Many solicitors experienced difficulties in securing

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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