header-logo header-logo

12 May 2023
Issue: 8024 / Categories: Legal News , Legal services , Regulatory
printer mail-detail

NLJ this week: The grey area of 'conducting litigation'

121668
What exactly are reserved legal activities (RLAs), and what is meant by ‘conducting litigation’? It’s an area of the law rife with uncertainties, as shown by the recent case of Baxter v Doble. 

Writing in this week’s NLJ, Iain Miller, partner, and Charlotte Judd, senior associate, Kingsley Napley, point out that ‘this case and previous authorities have demonstrated that the framework of RLAs under Legal Services Act 2007 is full of grey areas as to when a practitioner does and does not fall on the right side of the line, with potentially very serious repercussions if one gets this wrong’.

Miller and Judd draw out some of the main elements at play when weighing up whether or not litigation is being conducted. In Baxter v Doble, the judge held Mrs Doble and her company were conducting litigation but did not know they were and could not have been reasonably expected to know they were doing so.

Miller and Judd write: ‘The confusing state of the law was a key feature in this conclusion being reached.’ 

Read more on reserved legal activities here.

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll