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12 May 2023
Issue: 8024 / Categories: Legal News , Legal services , Regulatory
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NLJ this week: The grey area of 'conducting litigation'

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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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