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06 November 2015 / Peter Causton
Issue: 7675 / Categories: Features , Profession
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Handling the critics

Peter Causton examines the new mediation regime for handling complaints against lawyers

From 1 October 2015 there is a new way of dealing with complaints about lawyers: Mediation. All legal service providers, including solicitors and barristers, in the UK must offer consumers an independent certified alternative dispute resolution (ADR) provider to deal with any contractual disputes, following the conclusion of the internal complaints process. This can include mediation. The new rules coincide with the introduction of the new Consumer Rights Act 2015, which provides new grounds for complaint against professionals.

For lawyers, they might have been forgiven for thinking that their obligations stop when they have provided their clients with details of the statutory complaints body, the legal ombudsman and their internal complaints procedure, but in fact lawyers need to provide details of a certified ADR provider as well.

Complaints handling

The Solicitors’ Code of Conduct sets out the requirements for complaints handling, including having a written complaints procedure which: (a) is brought to clients’ attention at the outset of the matter; (b) is easy

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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