header-logo header-logo

12 May 2023 / Iain Miller , Charlotte Judd
Issue: 8024 / Categories: Features , Regulatory , Legal services , Profession
printer mail-detail

Navigating litigation: what’s reserved?

121668
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—Nicola Williams

Ward Hadaway—Nicola Williams

Specialist tax expertise expands with partner appointment

Howard Kennedy—Caroline Urban

Howard Kennedy—Caroline Urban

Firm strengthens corporate and capital raising specialism with partner hire

Payne Hicks Beach—Lucas Moore

Payne Hicks Beach—Lucas Moore

Commercial disputes partner succeeds Robert Brodrick as chair of management board

NEWS
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
back-to-top-scroll