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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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