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NEWSLETTER 11th July 2014
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COURT SANCTIONS AND THE INTERPRETATION OF THE
MITCHELL CASE – LAW SOCIETY INTERVENTION
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17.9.14 Commercial Property
17.9.14 Residential L&T
18.9.14 Buy to Lets
18.9.14 Newbuild Issues
25.9.14 Sale of Family Business
25.9.14 Bail Applications/Pleas
2.10.14 Managing & Motivating
9.10.14 Tax and Trusts Issues
16.10.14 Boundary Disputes
23,10.14 Employee Covenants
23.10.14 Sch1 Childrens Act
13.11.14 Complex Property
13.11.14 LPAs and C of P
26.11.14 Anti-Money Laundering
CONFERENCE 4.9.14
“The Future of Legal Services
Regulation”
Westminster Legal Policy Forum
http://www.westminsterforumproj
ects.co.uk/forums/book_event.p
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HONORARY MEMBER
PETER SHERRED
Law Society Chief Executive Desmond Hudson has written to the profession to highlight last week’s Court
of Appeal decision. Following intervention by the Law Society at the invitation of the
Master of the Rolls, the Court of Appeal handed down the judgement on 4 July issuing
revised 'Mitchell' guidance on the interpretation of applications for relief from sanctions,
pursuant to CPR Rule 3.9(1).
The Court agreed with the Society’s strongly expressed view that the Rule had caused
a breakdown in co-operation between solicitors and that subsequent judicial decisions
had been inconsistent, leading to costly and unnecessary satellite litigation. The Court
of Appeal’s decision should now lead to a less adversarial and a more co-operative
approach to agreeing extensions of time to comply with court orders. This will remove
a great deal of uncertainty in the profession about the operation of the case management rules in the postJackson environment.
You can access Des Hudson’s full letter, further information from the Law Society website, and a copy of
the full transcript of the Court’s decision from our Announcements Page
NEW LAW SOCIETY PRESIDENT SETS OUT HIS AGENDA
Access to Justice, Diversity and Inclusion, and Membership Engagement will be the
themes of Andrew Caplen’s presidency of the Law Society, which commenced
th
yesterday on 10 July. In a letter to the profession, Mr Caplen introduces himself as
someone who joined the profession to speak up for the most vulnerable. He wants to
see an honest debate about the levels of legal provision in the country and will promote
research to inform this debate. He highlights domestic violence as a key area for
change. He wants to support pilot diversity and inclusion schemes, promote work to
address the gender pay gap and develop further the Society’s Diversity Access
Scheme. He pledges that he and his fellow officers will travel the country more than
ever before. You can access Andrew Caplen’s full letter from our Announcements Page.
NEW DESIGNATED FAMILY JUDGE FOR KENT
– HHJ Richard Polden writes
Dear all, I am pleased to be able to announce that HHJ Richard Scarratt has been appointed as DFJ for
Kent for a 4 year term commencing 1 September 2014 to replace me when I step down ,after 6 years, on
31 August 2014. Richard will divide his time between Canterbury and Medway and will sit (as a minimum)
at Medway for one week in four and for a day in the intervening period. In addition he will sit at other courts
in the County for a period of 10 days in each year. I know you will want to join with me in offering
congratulations to Richard on his appointment and I know that you will give him the same support that you
have given to me in my term of office. I am not retiring and will continue to sit, hopefully in Kent, but the
details have yet to be confirmed. Regards, Richard
MATTHEW QUANTRILL
Former KLS President Peter
Sherred being congratulated
after the 2014 AGM by President
Deborah Hatton and two former
presidents,Law Society Deputy
Vice
President
Jonathan
Smithers and Peter Gottschalk.
It is with sadness we confirm the death of Matthew Quantrill on the 30th June. Matthew was a prosecuting lawyer based
in Kent for over twenty years. He was much admired by colleagues and court staff for his diligence, dedication and
sense of humour in the face of often difficult circumstances.
His sudden death in court at the age of just 49 has shocked and saddened all who knew him.
Matthew was a very keen cricketer who gave freely of his time and skills both on the field and off to his club for over 30
years. He leaves two teenage sons Edward and Felix and out thoughts go out to all Matthew's family and friends. They
have asked we publish details of his funeral for those who would like to attend or make a donation in his memory.