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The Review
The Review Issue 213

The Review Issue 213

For every issue of The Review we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

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Good Practice Guide
Resolution’s Good Practice Guides

Resolution’s Good Practice Guides

As part of Resolution's Code of Practice members are asked to use the Good Practice Guides as part of their day to day work. These represent Resolution's core value and are designed to offer knowledge and guidance to our members.

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Practice Support

Consumer Rights Act 2015

The Consumer Rights Act 2015 has now come into force.

All mediators must be aware of the requirements of the new legislation as it sets out requirements for all traders and service providers. It covers all aspects of consumer rights and the responsibilities of traders and service providers. This includes, for example, unfair terms and cancellation fees. Mediators must comply with the legislation as it applies to all traders and service providers who charge a fee for their services.

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Practice Support

Common claim errors

The purpose of this document is to highlight the key Mediation claiming issues that continue to be identified by the LAA. By being aware of these issues a more focused approach can be adopted, so that Providers are more able to submit accurate claims. It should also be noted that these areas will be specifically scrutinised by the LAA during any future visits or audits.

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Good Practice Guide

Good Practice Guide to working with vulnerable clients

In reality all family law clients should be considered as vulnerable, they are usually in a state of heightened emotion when they first meet with their lawyer, and we are usually asking them to explain very personal and upsetting matters with someone they have not met before. There are of course very different degrees of vulnerability and how best to support and assist our clients can be an area of concern and confusion, particularly to less experienced practitioners. This guide is designed to set out some best practice guidance on working together with vulnerable clients.

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Guidance Notes

Guidance Note: Working with the Bar in Family Cases

Family proceedings (whether court-based, collaborative or otherwise) should be conducted cost effectively without compromising the quality of advice that clients crave and deserve, balancing the benefits of any steps taken against the likely costs – financial or emotional. Many family cases are now concluded without the involvement of barristers. However, certain clients will benefit from representation by an effective team of lawyer and barrister in order to achieve an appropriate balance between cost and quality. This guidance note offers advice on best practice for solicitors/legal executives when working with a barrister.

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Complaints

Complaints Handling Toolkit

Resolution members are all committed to working in a conciliatory way and adhering to the Code of Practice. This means that you should ensure that even when you are faced with a complaint (and possibly a very angry person), that your commitment does not vary from your normal professional approach.

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Practice Support

Changes to the State Pension

On 6 April 2016, radical changes are to be made to the state pension of which practitioners must be aware.

The current state pension scheme (“the current scheme”) applies to those already claiming their state pension and those who will reach state pension age prior to 6 April 2016.

The Pensions Act 2014 introduces a new state pension scheme (“the new scheme”) for those who will reach state pension age on or after 6 April 2016 (ie men born on or after 6 April 1951 and women born on or after 6 April 1953).

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Practice Support

How pension freedoms affect Pension Attachment Orders

The widely publicised pension freedoms were introduced on 6 April 2015 and brought with them a number of unexpected, and almost certainly unintended, consequences for family lawyers and their clients. One of the most concerning consequences is the effect of the freedoms on existing Pension Attachment Orders. This briefing addresses that specific issue.

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Guidance Notes

Guidance Note: Instruction of accountant experts to assist with tax and company valuation questions - Creating a firm foundation at first appointment

The aim of this guidance note is to make more efficient the process by which initial enquiries are made of experts and by which they are instructed. It is hoped that the precedents can become widely adopted as through familiarity these benefits will become enhanced. However it provides guidance on the most common questions and issues that arise, but with the warning to practitioners to focus on the specific needs of each case rather than a routine adoption of what can be no more than a model.

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