THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES LEGAL NEWS Cardiff & District Annual Dinner Booking form on page 10 DECEMBER 2008 Editorial Board Richard Fisher - Editor Michael Walters - Secretary Gaynor Davies CONTENTS David Dixon Philip Griffith 3 CARDIFF & DISTRICT Simon Mumford President’s Letter Editorial copy to . Richard Fisher Charles Crooke 4 FEATURE 51 The Parade Are Some Firms Now Uninsurable? Cardiff CF24 3AB Tel: 029 2049 1271 . Fax: 029 2047 1211 DX 33025 Cardiff 1 5 FEATURE E-mail [email protected] The Coroner’s Tale - Lord Justice Scott Baker on the Diana Inquest . Designed and Produced by PW Media & Publishing Ltd 6 PRESIDENT’S REPORT Tel: 01905 723011 Simon Mumford - December 2008 Managing Editor . Dawn Pardoe Graphic Design 8 UPDATES Paul Blyth Election Fever and Three Courts Walk . Advertising Sales Alison Jones 10 ANNUAL DINNER Email: [email protected] Booking Form Printed By . Stephens & George 11 FREE MEMBERSHIP The articles published in Legal News South West Confederation of Law Societies represent the views of the contributor and are not necessarily the official . views of the Confederation of South Wales Law Societies, Cardiff & District 12 REGULATION Law Society, or of the Editorial Board. Open Day at SRA The magazine or members of the . Editorial Board are in no way liable for such opinions. Whilst every care has 13 MEMBERSHIP MATTERS been taken to ensure that the contents of this issue are accurate, we cannot be It’s Time to Renew Your Membership held responsible for any inaccuracies or . late changes. No article, advertisement or graphic, in whole or in print, may be 14 REGULATION reproduced without written permission Practice Standards Unit - Friend, Foe or Phony? of the publishers. Cardiff and District Law Society/CLT Programme DX Thursday 29th JANUARY 2009 - The Top 11 Most Tricky Problems in Private Child Law We have had Wednesday 4th FEBRUARY 2009 (AM) Individual Insolvency - Arrangements and Bankruptcy Law Procedure and Property reports of firms experiencing Wednesday 4th FEBRUARY 2009 (PM) - Corporate Insolvency - Practice and Procedure problems with Thursday 19th February 2009 - Conveyancing 2009 Update the DX service. Thursday 19th MARCH 2009 - Criminal Law Update If you have had Thursday 2nd APRIL 2009 - Overage - Problems and Solutions any please let me know. Monday 20th APRIL 2009 - City Litigation 2009 Update Friday 8th MAY 2009 - Family Law 2009 Update Richard Fisher, Editor For further information, please contact Tracy Luke, Honorary Secretary, Education & Training c/o (Contact details above) Eversheds LLP, 1 Callaghan Square, Cardiff CF10 5BT; Telephone 0845 498 7565 2 DECEMBER 2008 WWW.CARDIFFLAW.ORG LEGAL NEWS CARDIFF AND DISTRICT PRESIDENT’S LETTER MARK HARVEY, PRESIDENT claim does not succeed is only Commission this is a Welsh £79.50 plus VAT (sometimes scheme that ought to be enhancements will be added); extended to England. It has just received the acclaim of • Recent figures show that only Edwina Hart AM and Minister for about 0.5 per cent of adverse Health and Social Services. incidents result in a claim. Conversely we await in the next two Finally, remember that when it is to three years the implementation still suggested that lawyers are of the NHS Redress Measure to blame and a no fault scheme rejected in England but embraced is the answer, the Government by the WAG as its first Measure. Chief Medical Officer’s report The scheme is intended to be a of 2001 stated that a no fault quick non-litigation investigation scheme would lead to an increase and determination of liability. in claims and a £4 billion annual The Redress for low to modest bill to the NHS (compared to value cases includes: I think we all have our because we can show how Wales £400 million in 2008). favourite lawyer jokes. At leads the way in innovation. (a) the making of an offer of dinner parties guests all Recent Press coverage suggested So what about Wales? The School compensation in satisfaction of any that claimant lawyers’ costs in of Law at Swansea University right to bring civil proceedings in seem to have their own Clinical Negligence claims in has just completed an analysis respect of the liability concerned; collection to entertain us England were out of control. of the Speedy Resolution Pilot with. There are those who Scheme and this has concluded (b) the giving of an explanation; believe we should follow a “The annual bill in England now that the scheme has been a zero tolerance regime and tops £90m - a 122% increase in success and should continue. (c) the making of a reject all such humour as four years despite the number written apology; and of cases remaining relatively The Scheme was devised by the unfairly mocking our worth. stable. The NHS Litigation National Assembly for Wales. It (d) the giving of a report on On the contrary I think we Authority blamed it on a rise in is a joint expert, fixed timetable, the action which has been, must maintain our sense of no win, no fee claims which had fixed fee Scheme that is open or will be, taken to prevent humour. However I do think led to some solicitors doubling to claimants alleging clinical similar cases arising; we must arm ourselves their rates to £600 an hour” negligence against Welsh NHS with facts that remind Trusts that are worth between In these ways, Wales and their So what can we say? The £5,000 and £15,000. The aim solicitors hope to lead by example those same guests of what Association of Personal Injury of the Scheme was to achieve and demonstrate that the victims we actually do and how Lawyers helpfully pointed out four basic policy objectives: of clinical fault can receive proper we provide an invaluable that only a quarter of NHS remedies with minimal cost to the service. It is noteworthy claims are funded under no win • a reduction in the length of NHS. A result for all concerned that the humour or even no fee arrangements and, time taken to resolve clinical and something else to wave at the abuse rarely comes from negligence claims that qualify other Dinner party guests! But if • the Claimant lawyers’ fees for entry to the Scheme; you just want to be popular and someone who has received quoted include VAT, disbursements join in, then how about this one? the help of a solicitor. (many to medical experts!) and • a reduction in the cost insurance premiums, so the NHS of settling such claims; A new client had just come in to So let us consider clinical can get repaid in losing cases; see a famous lawyer. “Can you negligence as just such an area • an improvement in “lessons tell me how much you charge?” where facts should reign over • 41 per cent of claims are learned” from individual cases; and said the client. “Of course”, the rumour. I choose this subject abandoned by claimants, so a lawyer replied, “I charge £200 for two reasons. Firstly because high success fee is justified; • increased provision of to answer three questions!” it combines the myth of the explanations of treatment. “Well that’s a bit steep, isn’t it?” compensation culture with the • In legal aid cases, the basic “Yes it is”, said the lawyer, “And cost to the taxpayer and secondly hourly rate permitted if the Supported by the Legal Services what’s your third question?” LEGAL NEWS WWW.CARDIFFLAW.ORG DECEMBER 2008 3 FEATURE ARE SOME FIRMS NOW UNINSURABLE? PETER DAVIES Now that the dust has settled for most firms Our President, Paul Marsh, who is If you wish to contribute to following the recent renewal their professional well known for his work with SIF, this debate during the months is well placed to lead this review. before that meeting, whether indemnity insurance (PII) cover, perhaps it is It is time for him and our elected anonymously or, preferably, time for the profession to begin to look afresh Council members to stand up and on an attributable basis, at whether the current practice of open market be counted before it is too late. then please contact me at cover is in the best interests of every practitioner. the address given below. Perhaps it is also time to revisit Headlines such as: “Market to the type of business and the generic terms which the In the meantime, and so as to chaos leaves firms trading without size of firm they will insure. Law Society insisted that all place you in a better position insurance”; “We will not insure qualifying insurers adhere. for next year’s renewal, why conveyancers”; “40% hike for I suspect that not many solicitors not consider the following: firms – take it or leave it” gave much thought to this One type of policy does not are not just based on anecdotal possibility when the old mutual perhaps fit all firms. Maybe • Do you organise your evidence; they have appeared was laid to rest eight years ago. different policies should be insurance through a reputable regularly in the legal press available for firms who undertake and independent broker? since July of this year with the Since RSA (formerly Royal & different types of work. first casualty, Novae, one of Sun Alliance) stopped writing • Do you place too many eggs the qualifying insurers pulling new business for one and two If the Law Society is looking at in one basket – particularly if out of the market completely. partner firms, and Norwich alternative regulatory regime you just do conveyancing? Have Union, which controls 8.3% of for national and multi-national you considered diversification? Is this purported hardening of the market, stopped offering firms, should different insurance the market in response to an business for firms with fewer criteria be adopted for different • Are you really better off evidence based analysis that than nine partners that carry firms, recognising that this could ploughing your own furrow some solicitors’ practices are out conveyancing work or claims well work to the disadvantage or could you be a better risk no longer the low risk and highly company work, the time has surely of small high street practices? being part of a bigger team? profitable businesses which come to have a wholesale review once drew the broad spectrum of the current arrangements.