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22 July 2010 / Robbie Constance , Hans Allnutt
Issue: 7427 / Categories: Features , Regulatory
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Going live!

Robbie Constance & Hans Allnutt explain the new Ombudsman Scheme & analyse recent regulatory risks

The Legal Services Act 2007 (the Act) created the Office for Legal Complaints (OLC) to administer a new scheme to deal with consumer complaints about legal services. The proposed Legal Ombudsman Scheme rules have been published with the expectation that the scheme will “go live” in October 2010.
Having handled complaints to the Financial Ombudsman Service (FOS), on whose rules the Legal Ombudsman Scheme is based, since it was created, we can speculate on the key issues likely to arise.

Jurisdiction
 

A complainant must be an individual, or fall into one of the following categories: certain small charities, clubs and associations; trustees; personal representatives; and residuary beneficiaries. In addition, small businesses (known in the relevant EU regulations as “micro-enterprises”—with fewer than 10 staff and a balance sheet of less than €2m) can complain. Because the service is free to the complainant and informal, the award of costs is “likely to be rare”
(r 5.39).

The complaint must only

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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