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08 February 2013 / Andrew Parker
Issue: 7547 / Categories: Opinion , Legal services
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Fresh ground?

The legal profession needs to wake up and smell the coffee, warns Andrew Parker

Three years ago I warned in these pages that the broad recommendations of the Jackson Review of Civil Litigation Costs would be delivered (“Access all areas”, 160 NLJ 7408, p 366). In March 2011, the coalition government published the outline of its plans based on the report and, in May 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 received the Royal Assent.

April in the offing

The planned implementation date of 1 April 2013 has been public knowledge since at least July 2012—it was certainly in the minds of the Court of Appeal when it delivered the initial decision in Simmons v Castle [2012] EWCA Civ 1039, [2012] All ER (D) 335 (Jul). The new Master of the Rolls, Lord Dyson, stated unequivocally to the Law Society’s Civil Litigation Conference in October that the rules would be in place for 1 April 2013.

However, recent coverage suggests that many lawyers are only now beginning to accept

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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