The Courts and Legal Services Act 1990 opened up more opportunities for solicitors to advance up the career ladder. Solicitors with the advocacy certificate were eligible to be appointed as QC’s and higher judicial positions, this broke the monopoly barristers previously help on all superior judgeships. The Act focused on qualifications relevant for the judiciary rather than experience practicing so that Academic lawyers who had qualified as either a solicitor or barrister but had never practiced could be appointed as superior judges. This widened the range of potential candidates and hopefully will make the bench a wider mix of society.
The Courts and Legal Services Act 1990 allows solicitors to form partnerships with other services such as accountants. Although, because of the rules set by the Bar Council and The Law Society, solicitors are prohibited to create a “one stop shop”. So under the Act solicitors can recommend a firm of accountants to a client but can not set up business together.
The Courts and Legal Services Act 1990 extended the rights of conveyancing so that banks and building societies can now practice. This was beneficial to the consumer but had a major impact on solicitors as it broke the monopoly they held in this area. It increased competition and forced them to reduce their fees.
Until the Courts and Legal Services Act 1990 was enforced the Court of Appeal had no right to correct compensation awards deemed to be too high, they could only order a re-trial. This would take up more time and expense. Under the 1990 Act the Court of Appeal can still order a re-trial or substitute the sum they deem to be excessive or inadequate. The first case in which this Act was used was in a case brought by MP Teresa Gorman, the Court of Appeal decided the compensation of £150,000 excessive and therefore reduced it to £50,000. It would be unlikely that this Act would be used very often if it was up to the judge to set the compensation amount rather than the jury. One judge in the past regarded the amount juries set as “Mickey Mouse money” but at lease with the Act in place amounts can be lowered.
Prior to the Courts and Legal Services Act 1990 taking a civil case to court was seen as a risk or a gamble, because it is not possible to know how much the case is going to cost the claimant. If the claimant looses the case not only does he/she have to pay lawyers fees, the court costs, any additional cost such as the expense of getting evidence but they also may have to pay the defendants costs. To help people in these situations, conditional fees were introduced by the Courts and Legal Services Act 1990 but only in personal injury, insolvency and human rights cases. So that if the Claimant lost the case he/she would not pay anything, if the case was won the fees paid would have been pre agreed so the claimant knows what to expect.
Bibliography
The English Legal System – Jacqueline Martin
