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Resolution or revolution? (2)

14 October 2011 / David Greene
Issue: 7485 / Categories: Opinion , Legal services
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David Greene predicts how the profession will respond to (& survive) the law’s “Big Bang”

Last week saw the formal introduction of alternative business structures (ABSs) with elements of the press referring to it as law’s “Big Bang”. While some commentators have made much of the proposed changes—a headline in The Times this week suggests the changes will “spell the end for thousands of solicitors”, (10 October) the process seems set to progress more as accrual than large explosions. For many litigators the ABS revolution may be more of a sideshow as they attempt to manage the Jackson reforms and the swathe of satellite litigation that will follow. History tells us that solicitors are adept at working with change, but what are the specfic challenges they face and how might they respond?

ATE

If there is one element of the Jackson package which causes them a problem it is the non-recovery of the ATE premium. The problem is deepened by the current debate on “Qualified One Way Cost Shifting” (QOCS). Jackson’s idea

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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