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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll