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12 May 2023 / Iain Miller , Charlotte Judd
Issue: 8024 / Categories: Features , Regulatory , Legal services , Profession
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Navigating litigation: what’s reserved?

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The High Court has provided welcome guidance on what exactly constitutes the conduct of litigation: Iain Miller & Charlotte Judd examine this perilously grey area of the law
  • Baxter v Doble acts as a reminder to practitioners to ensure they are on the right side of the line when it comes to the reserved legal activity of conducting litigation and being authorised to act as required by the Legal Services Act 2007.
  • The High Court has reiterated the fact-sensitive nature of assessing where a practitioner falls in respect of that line.

In March this year, the Legal Services Board concluded there was no current case for reform in respect of reserved legal activities (RLAs) as stipulated by the Legal Services Act 2007 (LSA 2007). RLAs comprise the work that can only be done by those who are regulated by an approved legal regulator. The current framework is therefore here to stay, for now.

Difficulties have arisen in practice, however, in the interpretation of the RLAs and

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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