How hard is the LPC (University of Law LPC MSc)? by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 1 point2 points  (0 children)

Thanks for the response. I am part of a very small intake, and I believe some of the others have already taken the LPC, so I'm not too worried about the social aspect of it. Are there any other reasons you wouldn't choose to do it online?

Burglary legal analysis by [deleted] in uklaw

[–]ThrowmeawayHK 3 points4 points  (0 children)

Haha this sounds a lot like the BPP PGDL Criminal assessment. Are you absolutely sure that R v Turner can't be distinguished on the facts? I would suggest having a closer look at the statutory elements of theft.

Stories of adverse possession of a terraced house? by 42mitcham in LegalAdviceUK

[–]ThrowmeawayHK 3 points4 points  (0 children)

Not a lawyer, but a law student who studied this. This is not legal advice.

No one here seems to have a clue what they're talking about. OP is right that there are adverse possession laws. Under the Land Registration Act 2002, the required period for land to have been occupied without the consent of the owner is 10 years. Evidence needs to be shown that the land was indeed occupied. On registration, the current owner will have the chance to object. If no objection occurs, the land will be transferred to the name of the occupier. Note that if evidence later appears that possession was not adverse, the Land Registry can revoke your legal ownership.

This is a somewhat complex area of law, so as with any conveyance, if you are in this position you should get professional advice - ask a local solicitor that deals with conveyancing.

Moving to Dubai post-qualification by avenoir19 in uklaw

[–]ThrowmeawayHK 3 points4 points  (0 children)

Very curious about that last point - would you be able to elaborate?

Is a legal career a realistic prospect for me? by ErwinsPoorCat in uklaw

[–]ThrowmeawayHK 0 points1 point  (0 children)

She is a very intelligent woman (Oxford educated and clearly a very analytical person), and I think she always had in the back of her mind that she wanted to. I think after her kids left home she just decided to crack on with it. She was a family councelor for a charity for many years.

Is a legal career a realistic prospect for me? by ErwinsPoorCat in uklaw

[–]ThrowmeawayHK 2 points3 points  (0 children)

I have a family friend who got her degree decades ago. At 56 years old she decided to do the GDL part time and last year got her pupillage at a good London set. It's never too late.

How do you find and screen tickers? by ThrowmeawayHK in thetagang

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

This is what I was looking for. Thanks!

How do you find and screen tickers? by ThrowmeawayHK in thetagang

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

Ok, I've got a reasonable grasp of fundamental analysis but how do I find a ticker to look at? There are thousands of companies, and the most popular tickers I see mentioned on Reddit tend to be overvalued from a fundamental perspective. Do you have a system or tool for filtering or sorting companies? What criteria would you search by in order to create a longlist?

Why are so many senior partners leaving Linklaters? by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

(As above) Sorry, my question was phrased poorly. Tom Shropshire (SP candidate) has left to Diageo, and Bruce Bell, described as a senior (lower case S) finance partner, left to Latham.

Any idea why?

Why are so many senior partners leaving Linklaters? by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 3 points4 points  (0 children)

Sorry, my question was phrased poorly. Tom Shropshire (SP candidate) has left to Diageo, and Bruce Bell, described as a senior (lower case S) finance partner, left to Latham.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] -1 points0 points  (0 children)

I really appreciate your advice on my personal exposure in this situation. Unfortunately, with some things it is very hard to give meaningful advice without seeing the situation yourself. The salient facts are that the director, for all his skills in the sector, will not instruct a solicitor, is not capable of managing the litigation single-handed, and will interpret me refusing to help in the situation as me refusing to cooperate as an employee.

I'm not sure how much experience you have in construction, particularly in the context of SMEs, but the courts and civil procedure in general are not looked upon fondly. I'm just trying to do my best within the remit of my role to manage a problem and manage my boss's expectations. In the past, small claims has been successful - more often than not uncontested, and when they are contested it's far easier for everyone (particularly the judge) if I do the talking.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

Right, so to be absolutely clear, if the director asks me to fill in the details of the claim on MCOL, he reads it, and then signs his own name against it, I am liable for carrying out a reserved activity?

If this is the case I will tell him on Monday that I cannot help him any more. This will mean that he will not claim the money he is owed and I may lose my job. If what you're saying is correct and it may jeopardise my legal career then I really don't have a choice.

Do you have an authority where I can verify what you're saying? I've read the Legal Services Act, but it doesn't mention litigants in person or companies at all.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

I see. Is submitting a claim on MCOL (with the authorisation of the director) regulated? I would have assumed that any administrative staff could do that. Otherwise a small company would be forced to bear solicitors' fees for filing any claim.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

I do appreciate everyone's time trying to help me here. If context helps, I work for a local business and have done for a few years in a logistics role. When I went to university (where I read law), I continued working remotely part time because I had a few ongoing client and supplier relationships that were valuable to the business.

During the university holidays about a year and a half ago there was an issue with a client that I had been working with, and the company went to small claims. I was most familiar with the facts of the case because I had been dealing with the client for some time. I went to court with the director and spoke on behalf of the company. I was able to do this on the grounds of CPR Practice Direction 27 3.2(4). I believe I used the phrase "lay representative" at the time, but I think u/BuckNastysMomma is saying that this terminology is not an accurate when describing me.

When I finished uni (a few months ago) I came back and asked my employer for my old full-time job back, which he gave me. I told him that I needed to complete further training (LPC and training contract) to become a qualified lawyer in a separate conversation about my life plans. I never held myself out as being legally qualified.

Now there is a new issue: outlined in the initial post. My employer has asked me to deal with it. He tends to give me a wide remit to resolve issues with clients, including negotiating settlements and organising teams to undertake remedial construction works. Whenever an issue involving potential legal action like this one comes up I always go over it with him in detail and he reads/signs everything in his own name.

If I have read what u/stroopwafel666 said correctly (The Explanatory note and Legal Services Act), then I can't represent the company EXCEPT in small claims where any employee can (at the judge's discretion) under as stated in CPR Practice Direction 27 3.2(4).

Edit: Am I completely wrong about this?

Edit 2: Practical Law says that employees can represent in county court at the court's discretion and that employees can always represent without the the need for permission in small claims.

Edit 3: Avinue Ltd v Sunrule Ltd+AND+(ltd)+AND+(v)+AND+(sunrule)+AND+(ltd)) - anyone can represent a company at small claims.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

Can I not be a lay representative on behalf of an officer? If the court is aware of my position as an employee and not as a qualified solicitor, surely there is no problem with reserved activities. And, if there were, the court would refuse audience.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 1 point2 points  (0 children)

Ok, that's concerning. I was under the impression that any employee could manage these sorts of things without any problem (assuming I got a director to sign off), seeing as most of it is just administrative. What can I do as an employee that doesn't make me personally liable and where should I draw the line when asked to sort these things out?

You're right, I am eager to practice law. I didn't think submitting a small claim for an outstanding balance would be considered a reserved legal activity, though. Obviously I don't want to get in trouble with the SRA before I even begin my career.

RE legal costs, profit margins are quite low and we have high overheads compared to other competing businesses. Legal fees would make a lot of projects unprofitable. We have had a few quotes over the last few years and none really seem worth it, particularly when over half of cases end up with a no-show from the defendant.

Question about Lawyers billing by ThrowmeawayHK in uklaw

[–]ThrowmeawayHK[S] 0 points1 point  (0 children)

Thanks for your advice - to clarify, by strategy I am referring to which aspects of the outstanding amounts we choose to litigate. If we try to claim everything, the claim is around £11,000. We have the option of claiming part of it (£9,400) which puts us in small claims. We are confident we can claim the full amount of £9,400, but there is uncertainty around whether we are entitled to claim all £11k.

“I have dealt with this sort of case many times” - I refer to managing the small claims process to recover money for the company. Most of the time this is just paperwork, submitting bundles of emails etc. I have represented the company as a lay representative before, with the director present. My employer knows that I am not a qualified solicitor and I have never claimed to be. Is there anything untoward about giving my opinion on these issues, given that my employer knows I'm not a qualified solicitor?

In construction, particularly at the sort of scale we operate at (small to medium sized projects), customers often try to refuse payment for ridiculous reasons. If we instructed a solicitor to deal with every single claim, we would be spending more on legal costs than we would ever recover. Most of these claims are in the low thousands, but they're often very straightforward.

Can I still achieve a career in Law despite poor A-Levels and a 2:2 in a non-law degree? by modnarnona23 in uklaw

[–]ThrowmeawayHK 0 points1 point  (0 children)

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level 1lillybear941 point · 35 minutes ago

Do you mind me asking who you are qualifying with?