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07 January 2010 / Jonathan Wyles
Issue: 7399 / Categories: Features , Regulatory
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2009—annus horribilis?

Last year was a busy year for professional negligence claims Jonathan Wyles predicts more
of the same in 2010

The Woolf Reforms, introduced in 1999, led to a dramatic decrease in the number of proceedings issued. Pre-action Protocols have kept commercial disputes out of the courts. In 2006 and 2007 the number of civil proceedings issued in the High Court was approximately 63,000–64,000. However, in 2008 this increased by almost 10% to 70,200, and in 2009 is likely to be higher.

As with the recession in the 1990s, there has been a dramatic increase in the number of claims brought by lenders against solicitors seeking to recover the losses suffered after the sale of repossessed properties. The fall out from the “buy to let” market, which saw the demise of such institutions as the Bradford & Bingley, is responsible for many of these claims. Property fraud is once again making the headlines. The Law Society has increased the levy to cover the expected call upon the Compensation Fund.

Many solicitors experienced difficulties in securing professional indemnity insurance in October 2009, especially those firms with

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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