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17 April 2014 / Nicholas Lavender KC
Issue: 7603 / Categories: Bar Council , Features , Profession
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Born survivors

Despite budget cuts & slashed fees, the Bar will survive & prosper, says Nicholas Lavender QC

Heraclitus taught that everything is in flux, and 2,500 years of history have not proved him wrong. Change is constant, in legal services as elsewhere, and not always for the better. It is as tempting for a lawyer, as for anyone else, to follow Lord Salisbury’s example and ask: “Change? Aren’t things bad enough already?”

For many at the Bar, the direction of change is positive. Looked at as a whole, the Bar is growing and prospering. However, the picture is markedly different for different sectors of the Bar. At one end of the spectrum, many specialist civil practitioners are busier than ever. At the other end, criminal barristers have endured year after year of fee cuts and now face the package of proposals which are euphemistically called Transforming Legal Aid, as well as awaiting the imminent report by Sir Bill Jeffrey on the market for criminal advocacy services.

Meanwhile, clients who cannot afford to fund

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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