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Civil way: 20 September 2019

19 September 2019
Issue: 7856 / Categories: Features , Procedure & practice , Civil way
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Vet a good bet; ENE to take off; latest CPR updates; FDR judge out for good

SAFER ON THE FARM

Train as a vet if you plan to get up to any professional mischief. As of 25 November 2019, the only professional regulator in England and Wales applying the criminal standard of proof to professional misconduct proceedings will be the Royal College of Veterinary Surgeons. Yes, that’s the date on which the Solicitors Disciplinary Tribunal goes civil by ending or suspending your career if satisfied on first instance hearings that it is more probable than not—rather than beyond reasonable doubt—that you groped or plundered. The Solicitors (Disciplinary Proceedings) Rules 2019 (SI 2019/1185) (replacing the 2007 rules) does the evidential trick for hearings which arise out of applications or complaints made on or after 25 November 2019. The tribunal already applies the civil standard to appeals against written rebukes and directions to pay penalties of less than £2,000 imposed by the Solicitors Regulation Authority. A PD in respect of the application procedure for agreed

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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