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08 May 2015 / Kerry Underwood
Issue: 7651 / Categories: Features , Legal services , Profession
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Chronicle of a death foretold (Pt 1)

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Kerry Underwood documents the spectacular failure of ABSs

Alternative business structures (ABSs) were put in place to justify an attempt to eradicate lawyers from representing ordinary members of the public. Not surprisingly they have proved to be a spectacular failure, both individually and conceptually.

It will be a central theme of this three-part series on the decline and fall of ABSs that governments of all persuasions, along with civil servants, many academics and the usual suspects in terms of advisers and self-selected consumer spokespeople have wholly misunderstood the role and nature of law and lawyers and the judicial process leading to reforms that have deeply damaged this country and threaten to set it on the road to totalitarianism.

Some observers believe that this is a deliberate and calculated attack on a system (the courts) and a profession (lawyers) who do not do the government’s bidding, whatever the colour of that government. Legal aid cuts are cited as key evidence by the conspiracy theorists. No-one, not even the government, maintains

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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