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17 July 2009 / Daniella Lipszyc
Issue: 7378 / Categories: Features , Legal services , Profession
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Legislative loopholes

Daniella Lipszyc says loopholes in law can tie the legal profession in knots

Legal professionals have always looked for new sectors to expand their business. More than 10 years ago solicitors looked to personal injury to increase revenue streams, now it seems the focus has shifted to financial irregularity (FI).

Upward rise in FI

In the past 12 months there has been a marked increase in the number of FI cases being pursued in courts across the country. The Financial Ombudsman Service’s (FOS) annual report shows a dramatic rise in the number of payment protection insurance (PPI) claims that have been successfully resolved. Complaints about PPI nearly tripled in 2008/09, with 89% of claims resolved in favour of the consumer.

This trend is set to continue, with the FOS predicting a rise in all areas of FI claims. The FOS anticipates that in the next financial year it will process 150,000 new cases. It estimates that 16,000 will relate to credit card agreements; 18,000 will concern current accounts and 25,000 on PPI.
Having dipped

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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