Direct access to barristers now uncertain

Tuesday 6 December 2005 at 8:21 pm | In News | Post Comment

On Friday 2nd December 2005 the Court of Appeal handed down its ruling in the battle between HM Revenue & Customs (HMRC) and the tennis star André Agassi.

Tenon Media – Agassi’s accountant – did not provide “legal services” and so could not win on the issue of costs. Some of the costs inccured by Tenon were incurred when they instructed a barrister directly and did not use a solicitor, hoping to keep costs down.

Tenon’s total costs bill for was less than £20,000. The appeal judges heard that solicitors, who might have far less expertise in the tax field, could well have charged three times as much.

Agassi brought his case using the Licensed Access Scheme (LAS) designed to provide more cost-effective legal cover for small and individual litigants. A Bar Council spokesman said: ‘It is estimated that the effect of the judgment is that the client in this case will be able to recover up to about 41% of the costs of the tax professional, and 71% of his total bill when using the licensed access scheme.’

From 1 December police have been allowed to test for drugs on arrest

Sunday 4 December 2005 at 10:42 pm | In News | Post Comment

The scheme has been initially targeted in areas with the highest drug-linked crime rates such as Greater Manchester, South Yorkshire and Nottinghamshire.
The powers are likely to be expanded into other areas from 31 March 2006.

Key points of the powers:

  • offenders will be tested for heroin, crack and cocaine on arrest for acquisitive crimes, such as robbery, burglary
  • offenders who refuse the test could face a penalty fine of up to £2500 and/or three months in prison
  • courts will be able to deny bail unless the offender agrees to a drug assessment
  •  anyone who tests positive will be assessed by drugs workers and allocated a programme of support or treatment
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