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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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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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