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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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