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Legislation round-up

30 October 2008
Issue: 7343 / Categories: Legislation
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Legislation news update

In force
N/A

Legislation
Legal Services Act 2007 (Functions of a Designated Regulator) Order 2008 (SI 2008/Draft)

Summary
Amends the Administration of Justice Act 1985, s 9(A), which defines the term “legal services body” to give the Law Society the power to regulate the management and control of legal services bodies. Section 9A defines the term by reference to the satisfaction of a management and control condition and a relevant lawyer condition and allows legal services bodies to have up to 25% non-lawyer managers and owners. Removes the restriction on the number of corporate tiers permissible for legal services bodies. Gives the Law Society the power to make rules expanding the category of what it is to be “legally qualified” for the purpose of satisfying the management and control condition. Also ensures that legal partnerships and recognised bodies in existence at the date of commencement of s 9A should, subject to certain restrictions, be regarded as “legally qualified”.

In force
13 Nov 2008

Legislation
Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 2008 (SI 2008/2777)

Summary
Traded securities which are the subject of an agreement shall be dealt with by a clearing participant who is party to the agreement in a separate designated account.

In force
1 Dec 2008

Legislation
Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008 (SI 2008/2771)

Summary
Provide for the appointment of a president of employment tribunals in England and Wales and a president of employment tribunals in Scotland and for a panel of full and part-time chairmen of employment tribunals in England and Wales and in Scotland. Outline eligibility to hold office as a chairman of an employment tribunal in England, Wales and Scotland.

Issue: 7343 / Categories: Legislation
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MOVERS & SHAKERS

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

Constantine Law—Alex Finch & Rebecca Tester

Constantine Law—Alex Finch & Rebecca Tester

Firm launches business immigration practice with dual partner hire

Freeths—Jane Dickers

Freeths—Jane Dickers

Scottish offering strengthened with dispute resolution partner hire in Glasgow

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
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
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
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
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
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