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01 December 2011
Issue: 7492 / Categories: Case law , Law digest , In Court
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Solicitor—Disciplinary proceedings

Legal Ombudsman v Young [2011] EWHC 2923 (Admin), [2011] All ER (D) 144 (Nov)

The CPR Pt 8 procedure was, in principle, appropriate for proceedings under s 149 of the Legal Services Act 2007 (LSA 2007). It had to be remembered, however, that that procedure was intended and designed for cases which were not likely to be contentious on the facts. No doubt there would be cases in which the parties could not agree the facts on which the outcome of a s 149(4) process would turn. Then, if the case went on as a claim under CPR Pt 8, the court would be faced with the task of resolving factual disputes on affidavit evidence, and, usually, without hearing witnesses tested by cross-examination.

However, the Pt 8 procedure itself was flexible. CPR 8.1(3) allowed the court to order a claim to continue as if the Pt 8 procedure had not been used. The court could order the proceedings to continue as a claim under CPR Pt 7, in the appropriate track, and give the directions required. Bringing a person who was in default of s 149 of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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