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18 February 2011
Issue: 7453 / Categories: Legal News
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The future for reserved legal activities

Will writing, conveyancing and immigration services should become reserved legal activities, according to a legal think tank.

Reserved legal activities can only be carried out by appropriately authorised persons and currently include rights of audience, conduct of litigation, reserved instrument activities, probate activities, notarial activities, and the administration of oaths.

In a paper published last week, the Legal Services Institute (LSI) proposed that probate be extended to include the administration of estates, and that conveyancing services be added to the property-related reserved instrument, in the Legal Services Act 2007.

It proposed that insolvency practice and claims management services be excluded.

The paper, The Regulation of Legal Services: What Is The Case For Reservation?, argues that authority to practise reserved activities should be conferred by accreditation and not confined to legally qualified practitioners.

LSI director, Stephen Mayson says: “If the reserved activities are anachronistic or lacking an articulated public interest justification—which we believe they currently are—there is a significant risk that the Legal Services Act 2007 will have promoted (and the Legal Services Board will be overseeing) an increasingly irrelevant regulatory infrastructure that does not secure sufficient public benefit or consumer protection.”

Issue: 7453 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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