Emmetts News

Here at Emmetts Solicitors we want to keep you up to date with any major developments in the law which may affect you. That's why we have introduced our 'Emmetts News' pages, created for you to read and to keep you aware of any changes both proposed and implemented month by month.

Emmetts News will be updated regularly and will provide you with valuable information of any legal matters which may affect you or how you live your life. As well as viewing all the latest legal news we also have an archive section, which can be used for reference purposes, containing all the news stories we have used on this website and their sources.

If you wish to read more on the articles we have inlcuded on our website, just use the links below them to take you to the relevant pages so you can continue reading. At Emmetts Solicitors we understand that awareness and knowledge is of paramount importance in building confidence in the legal system. We hope to keep you informed of all relevant legal articles, decisions and publications enabling you to stay one step ahead.

Our latest news stories will also appear on our home page. Other news relating to certain aras of law, such as conveyancing, bank charge recovery etc, will appear on the appropriate pages as well as appearing on this page. Allowing us to keep you 'in the know' about all the happenings in the world of law.

Here are all the articles we have featured on our website, along with the source of the article and the date it was published on this site. Please feel free to browse the archives for points of interest, we hope you find this information helpful.



Insurance cover offered to guardians
04 September 2008


The Office for the Public Guardian settles the deal to improve insurance cover options.The Office for the Public Guardian has agreed a scheme with HSBC Insurance Brokers to offer guardians quicker insurance (caution) cover to enable them to look after the property in their care.

The alternative cautionary service, now available, offers a simplified application process for all estates but those under £500,000 have an automatic presumption of suitability and only minimal information is required.

A fixed and reasonably priced premium scale has been put in place with the option available to transfer from another insurance provider if necessary.


Doorstep Selling
05 September 2008


New regulations come into power on October 1st 2008 concerning doorstep selling practices.Current policies allow protection for consumers where the trader makes a spontaneous call to the consumer’s home presenting a cooling-off period of seven days where the value of the agreement is more than £35.

As of October 1st the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations 2008 will be in force with the aim of simplifying the law and increasing protection for consumers. The law is intended to cover traders who enter into contracts with consumers at their workplace as well as their home, and also encompass other individual’s homes and excursions organised by a trader away from their business premises. Cooling- off periods must be for a minimum of seven days and cancellation terms must be clearly displayed on any contract or brought to the attention of the consumer if there is no written agreement. Solicited visits by traders are also included in the new regulations.

Coroner system reformed
10 September 2008

Relatives have been allowed new rights to appeal the results given by the coroner. The system set in England and Wales that dates back to 1887 is to be reformed.

One of the most noteworthy changes planned in the new Bill, reinforced by minister Bridget Prentice, is to allow bereaved relatives a new right of appeal against the inquest ruling. The legislation is intended to help relatives with challenging the verdict, challenge whether an inquest is held before a jury and demand the matter of a second post-mortem - without the current need to seek a legal review.

Five years of conference has taken place to prepare the new legislation which is also expected to include a facility for registered medical practitioners to notify relevant deaths to the coroner as well as the simple duty to investigate deaths being extended to deaths occurring abroad where appropriate.

Employee rights
11 September 2008


Vulnerable employees are to be protected from mistreatmentThe Government has announced plans to contest the mistreatment of vulnerable workers by rogue employers. Employment relations minister Pat McFadden has recently summarised a number of measures to protect worker’s rights including a telephone service which will offer advice to those who are the victims of abusive working conditions along with a Fair Employment Enforcement Board. The Board is expected to combine the objectives and powers of other agencies to help reinforce the minimum wage, health & safety issues and all other critical areas where employee abuse is prevalent. £6 million has been allocated to help raise the awareness of employee’s rights to them and their employers.

Virtual court pilot in jeopardy over fees
Thursday 11 September 2008
by Catherine Baksi


A mock scheme that could introduce defendants being sentenced via video-link within just hours of being arrested could be derailed as the three leading practitioner groups are considering withdrawing their support due to lack of pay. The Ministry of Justice proposes to produce this year a virtual court project, that will mean the defendants in appropriate cases can appear before magistrates’ courts via a video-link from police stations the y are being held at. The pilot that is designed to save costs and speed up the first hearings, will run at Camberwell Green Magistrates’ Court, which has already tested a prototype in 2007. It is proposed that the virtual court will operate longer hours than normal courts and could run as late as 10pm. However, defence solicitors face a pay cut when they take on these cases.

   The London Criminal Courts Solicitors Association (LCCSA), the Criminal Law Solicitors Association (CLSA) and the Legal Aid Practitioners Group have written to the Legal Services Commission (LSC) to say the funding issue needs to be revised before any further work can be undertaken. Raymond Shaw, vice president of the LCCSA, said: ‘If the quality of justice is no different in a virtual court than in a real court, why should there be any pay differential, except where we should be paid more for doing out-of-hours work?’ Joy Merriam, chairwoman of the CLSA, said: ‘Practitioners have been helping the government make workable plans, but we shall consider withdrawing that support if we aren’t going to be paid properly.’ An LSC spokesman said discussions on pay were continuing with the representative bodies to ensure a balance between securing value for money for the taxpayer and fair remuneration for practitioners.

Law firms eye up Syrian market
Thursday 11 September 2008
by Anita Rice

Law firms, financial services providers and insurance companies are weighing up the Syrian business market as the government makes moves to open up to foreign investment. Anne Petrie, head of trade and investment at the British Embassy in Damascus, said that the opportunities for law firms would be two-fold.

   Along with advising on deals, there will be openings for firms to advise the Syrian government on reforming legislation and further developing its legal system to encourage the outside investments. She said: ‘It is very clear that Syria is keen on developing a system that can further allow investment to come into the country… it has a good system but it needs to be developed to encourage foreign investment. The government is hoping to create a commercial court and finding some way of forming an arbitration system.’ Petrie said that ‘a number of law firms are taking a serious interest [in Syria], financial services companies are beginning to take interest and insurance companies are also looking that way’. She noted that UK exports to Syria had increased by 22.9% between January and June 2008 compared with the same period last year. As part of the plan to encourage investments, the British Syrian Society organised the county’s first international lawyers’ conference held in Damascus during July, which was attended by Syrian president Bashar al-Assad. David Freeman, solicitor with south-east firm Thomas Eggar and member of the society, attended the conference. ‘The point is that Syria is already well recognised by many countries, particularly in the Gulf and Middle East, as a very interesting market opportunity – a lot of money is to be invested from the Gulf and elsewhere,’ he said. ‘With Qatar and other Gulf countries investing heavily there, City firms need to know about Syria to properly advise existing Middle East clients.’ Nankunda Katangaza, policy manager with responsibility for the Middle East within the Law Society’s international department, led a delegation to the conference. ‘The Law Society has been involved with Syria for some time,’ he said. ‘We are delighted to be able to provide access for our members into new jurisdictions opening up. ‘British firms are well placed to move into Syria, some are already there. It is an exciting new market for them.’

Fujitsu starts £700m claim against NHS
Thursday 11 September 2008
by Michael Cross

Actions have been taken, in the largest single claim for compensation that has ever been made against the NHS, a computer contractor revealed last week. Fujitsu Services said it had issued a procedure initiation notice to the IT agency NHS Connecting for Health following the termination of a £900m contract.

  The company’s in-house legal team are understood to be reaping up to £700m in compensation. The claim is attracting a vast interest as a test of the government’s ability to make private suppliers shoulder the risk of developing IT systems. Fujitsu’s contract with the Department of Health dates back to 2004, when the company was named as one of four ‘local service providers’ to computerize and increase the technology of the NHS in England. The department said the contracts broke new ground by requiring payments only on delivery of working systems. In 2007, however, with large parts of the £13bn programme running behind schedule, Fujitsu opened doors in an attempt to ‘re-set’ the deal.

   These intentions were demolished earlier this year and in May the department issued a termination notice. Neither side would comment on the claim itself. Fujitsu said the notice was ‘the first step in the process established by the contract to resolve their issues’. The Department of Health said it is ‘working closely with Fujitsu to ensure a smooth transition’.

New charity funding boost for pro bono lawyers
Thursday 11 September 2008
 by Neil Rose

A national charity is to be launched next month to distribute a new means of income for pro bono legal advice services. The Access to Justice Foundation is a major cross-profession initiative backed by the Law Society, Bar Council, Institute of Legal Executives and Advice Services Alliance. Under section 194 of the Legal Services Act – which will be in force on 1 October and was promoted by the Attorney General’s national pro bono coordinating committee – the foundation will then receive the cost orders made by courts when the successful party is represented wholly or partly pro bono. Currently, no such order can be made. The foundation will also be able to receive funds either by donation or through other systems. It will take a strategic view of need, funnelling money directly into the new network of regional legal support trusts and so enabling distribution to local legal advice charities and helping to develop local pro bono communities. London already has a well established trust, and there are plans to create six more across the country, with those in Wales, the north-west and Midlands being the most advanced.

   They will also undertake their own additional fund-raising activities, such as the series of walks that are taking place at the end of this month around the country. Michael Napier (pictured), senior partner of national firm Irwin Mitchell and the Attorney General’s pro bono envoy, said: ‘The foundation and trusts will offer a further strategic dimension to the magnificent contribution of the legal professions in giving free legal advice to those who cannot pay. ‘In time, better access to justice – less unmet legal need – will be the result. The foundation will also be there as the destination for all other charitable donations in the cause of access to justice. But it must be stated that, just like pro bono itself, the foundation will never be a substitute for legal aid.’

Stamp duty tax break
12 September 2008


Reduced stamp duty for lower value properties over the next yearThe Government has stated a twelve month tax break; due to start 3rd September 2008, it is aimed at improving the stagnant housing market. Stamp duty rates have been removed from properties costing below £175,000, in the hope that it will raise the previous threshold from £125,000.

The Government has further launched a system of free loans in England to help first-time buyers when entering the housing market. These loans are offered for five years, for up to 30% of the property value and are obtainable by households earning less than £60,000 per annum.

Latest figures from the Bank of England show mortgage lending levels have been reduced by 71% in July 2008 compared to the same period in 2007. Industry experts are suggesting that the housing market will continue to fall for some time.


This article is courtesy and subject to copyright of The Financial Times

To read more of thsi article - click here
This article is courtesy of ThisIsMoney.co.uk



Protection "racket"Neil RoseLaw Society Gazette - 12th June 2008
Solicitors are poise to take on a wave of new legal work following a Competition Commission (CC) report on payment protection insurance (PPI) which showed that policyholders appear to have been overcharged by more than £1.4 billion a year.

The provisional findings of the CC investigation, published last week, found companies face little or no competition when selling PPI, as the vast majority of the UK's 14 million-plus policies are sold at the same time as a consumer takes out a loan or other type of credit.

Many consumers are unaware that they can buy PPI from other providers and rarely shop around.

Richard Emmett of Preston firm Emmetts, which runs the website www.financialmisselling.co.uk said this was a "growing industry" for lawyers.

He said some clients were better off pursuing their claim through the Financial Ombudsman Service - and his firm advises accordingly - but others are better suited to a formal legal remedy.

Price-Fixing – Refund for Football Shirts
Emmetts Solicitors - 10/04/2008


The first ‘class action’ brought in the UK regarding price-fixing has been settled, with one of the culprits – who colluded in keeping the price of replica football kit artificially high – agreeing to compensate customers who can prove that they purchased one of the football shirts that was in point.

Following an action brought by the consumer watchdog ‘Which?’, retailer JJB Sports has agreed to pay compensation to the hundreds of customers who sued them. These customers will receive £20 each from the retailer.

The retailer has also agreed to refund £10 to any of its customers who can produce a receipt for the purchase of one of the shirts, which are England, Manchester United, Nottingham Forest, Celtic and Chelsea shirts bought between 2000 and 2001.

The court case follows the levying of fines totalling £17 million by the Competition Commission, in 2003, against JJB, Manchester United, Allsports, Umbro and the Football Association, for fixing the prices of football shirts.

If you have one of these shirts and can find the original receipt, you should be able to obtain the £10 merely by taking it to your local branch of JJB Sports.

More recently, it has been announced that people who inform on those operating cartels may be eligible for rewards of up to £100,000.

In Brief: Modernising the Courts Means More Wigs
Emmetts Solicitors - 07/04/2008

The Government always seems to be introducing some sort of ‘modernising’ initiative or other and in recent years the legal profession has had to deal with a great number of changes aimed at modernising the law.

One very curious form of ‘modernisation’ was introduced recently when solicitor advocates were given the right (previously reserved for barristers) to wear wigs in court when members of the Bar would ordinarily be allowed to wear them. This ruling will mean that solicitor advocates will be able to ‘wig up’ when appropriate in the Magistrates’, Crown and County Courts.

The ruling is aimed at removing what was described as ‘an unjustified advantage’ for the Bar.

Emmetts update:
Online payment facilities added for clients.
2nd April 2008


For the convenience of our clients, online payments can now be made in relation to certain types of transaction. This adds to the existing payment methods available to clients, meaning that clients can now pay legal deposits and fees by all major credit cards, eCheques, bank transfers, cheque and cash. For more details click here

Have you made a will?
Helen Loveless, Mail on Sunday


MILLIONS of people who fail to make a will are putting their families and dependants at financial risk.
Disturbing new figures from the voluntary organisation Will Aid reveal that nearly 50% of people die without a valid will. And an astonishing three quarters of those aged under 44 have not made a will.
Will Aid, which was set up by solicitors and leading charities, aims to encourage people to make wills by offering a free service.
Customers will be asked to donate between £35 to £95 to charities supporting the initiative.
Many people do not realise that if they die intestate - without a will - part or all of their estate, including their house less outstanding mortgage, could go to the Crown. The Treasury collected £15 million from intestate wills last year.

Accident Group Settlement
1st February 2008


Manchester-based solicitors Rowe Cohen and a raft of other personal injury firms have come to a settlement in The Accident Group (TAG) litigation.
The dispute, which some commentators said could have put scores of law firms out of business, came to an end when an agreement was struck with insurers Winterthur and National Insurance and Guarantee (NIG) yesterday (31 January).
The Swiss insurance giant Winterthur launched claims against 500 personal injury solicitors after claims that accident group TAG collapsed in April 2003.
TAG had run up debts of more than £100m prior to going out of business. The debts arose after the company initiated around 200,000 claims through an aggressive recruitment drive of victims.
Winterthur alleged that TAG's referral law firms deliberately passed cases that would fail to the claims group. This lead to Winterthur making claims for negligence and repayment of the accident investigation fee, known as the AIL fee.


Porton Down veterans agree settlement
31 January 2008

Lawyers acting for 359 of the Porton Down test veterans have announced a £3 million settlement with the Ministry of Defence. The tests were designed to ensure that UK could respond to a chemical weapons attack during the Cold War.
Veterans minister Derek Twigg issued an apology on behalf of the Ministry of Defence, accepting that life and health of participants in the trials may have been put at risk.
The Porton Down Veterans Group was represented by Leigh Day and Co and Thomas Snell & Passmore.
Martyn Day, senior partner of Leigh Day and Co, said: “The treatment of the veterans was simply appalling.
“However, today’s settlement and apology will undoubtedly go some way to healing the wounds that this episode caused.”

From The Sunday Times
January 20, 2008
Five ways the banks fleece us

Customers face higher current account fees as banks prepare to unveil bumper profits
Clare Francis


Britain’s high-street banks have sneakily raised the cost of their current accounts this year, despite a High Court showdown with the Office of Fair Trading (OFT), in an effort to squeeze more profits from customers.

The news comes as banks are expected to announce bumper results in the coming weeks. The “Big Five” – Barclays, Halifax Bank of Scotland, HSBC, Lloyds TSB and Royal Bank of Scotland, which owns NatWest – will report staggering profits of £39.05 billion for 2007, up from £37.5 billion the previous year, according to Brewin Dolphin, a stockbroker. In a time of global market turmoil this demonstrates how much the banks milk customers.

As the banks defended their overdraft charges in a High Court action brought by the OFT last week, new research revealed that they were already clawing back the potential costs of any clampdown on their fees.

Nationwide, HSBC, Smile and Intelligent Finance have all quietly introduced current-account charges that will net them an estimated £173m in extra revenue over the next 12 months, according to research by Moneysupermarket, a comparison site.

To read the rest of the article click here

HIP's are GO! - 27th November 2007

Anyone selling a residential property after December 14 will need to purchase a home information pack, the government said on Thursday.
Yvette Cooper, housing minister, told parliament that early monitoring of the scheme showed the staggered roll-out of sellers’ packs had gone smoothly.
The announcement was met with relief from pack sellers, who claim the delayed roll-out earlier this year has cost their industry millions of pounds. But long-term critics of the scheme said first-time buyers would suffer.
Hips – which cost on average between £300 and £350 ($622 and $725) – are already a mandatory requirement for properties with three bedrooms or more, which make up more than half the market.
However a survey of estate agents found that most want Hips to be abolished, saying they have disrupted business. Estate agents also reported ignorance of the scheme among the public.
Numerous trade bodies have criticised Hips, saying they complicate rather than simplify the sales process.
Figures released last month by the Royal Institution of Chartered Surveyors showed a 26 per cent fall in the number of three-bedroom or larger properties coming on to the market in October 2007, compared with the previous year.
The introduction of Hips wiped out a significant portion of speculative sellers, Rics said.
The market for smaller homes could go “off the scale” as a result of the scheme being extended, Rics said, leaving first-time buyers priced even further out of the market.
But the government cited an independent report by Europe Economics, published on Thursday, which found no evidence of any impact of Hips on transactions or prices.
Sellers will be able to market properties without a Hip until the middle of next year as long as they have applied for one, the government said on Thursday.
The packs contain standard searches, evidence of title, leasehold information and an energy performance certificate that rates a property’s environmental credentials on a scale of A to G.

This article is courtesy and subject to copyright of The Financial Times

Interested in Conveyancing? Thinking of selling your own property or buying your dream home? Why not visit our extensive Conveyancing Page here at Emmetts Solicitors

October 2007

Fare Deal - 05th October - Read this excellent article and more, courtesy of the Law Gazette

September 2007

Inheritance Tax Crackdown - 21st September - read this article courtesy of The Telegraph

August 2007

HIPS go live today as AHIPP dismisses scaremongering myths - 1st August 2007 - read this article courtesy of The Hip Accociation
No decision on bank charges before 2008 - 1st August 2007 - read this article courtesy of The Times Online
BA hit with £121.5m price-fixing fine - 1st August 2007 - read the rest of this article courtesy of The Times Online

July 2007

Home Information Packs - 23rd July - read this article courtesy of PLC Property
Treasury backs down over anti-money laundering laws - 2nd July - read this article courtesy of the Law Gazette

June 2007

Emmetts introduce new measures to improve service to clients - 20th June 2007 - click here for out Online Conveyancing Calculator or click here to view the ConveyanceLink website
Government's HIPs policy a complete shambles - 8th June 2007 - read this article courtesy of The Law Society
[ Back ]
© Copyright 2007 Emmetts Solicitors Website design by greendesign