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14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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Legal ombudsman

R (on the application of Crawford) v The Legal Ombudsman [2014] EWHC 182 (Admin), [2014] All ER (D) 43 (Feb)

The Legal Ombudsman scheme was created by Pt 6 of the Legal Services Act 2007. Section 122 required the Chief Ombudsman to be a lay person, but permitted assistant ombudsmen with power to determine complaints to be legally qualified. Section 113(1) indicated that the purpose of the scheme was to enable complaints to “be resolved quickly and with minimum formality by an independent person”. Section 137(1) provided that a complaint was to be determined “by reference to what is, in the opinion of the ombudsman making the determination, fair and reasonable in all the circumstances of the case”. There were two important aspects of the scheme revealed by those and other provisions. First, it was intended to resolve complaints swiftly and informally. In order to achieve that, the Ombudsman would often have to do the best he could on limited material and without hearing detailed evidence. To assist in those objectives, he could rely on evidence which

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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