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The future for reserved legal activities

18 February 2011
Issue: 7453 / Categories: Legal News
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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