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21 February 2025 / Frank Maher
Issue: 8105 / Categories: Opinion , Legal services , Profession , Regulatory , Risk management , Rule of law
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Traps & SLAPPs

208719
A litigator’s year of risk: Frank Maher runs through some of the challenges that lie ahead

The speed of change continues apace in the world of litigation, with a constant stream of challenges provided by the Solicitors Regulation Authority (SRA) and the courts. We look at two key areas here, interim billing and ethics, but there will doubtless be others.

Bills bills bills

The first key area of interest we address for litigators is the question of interim billing of costs and the impact of s 70 of the Solicitors Act 1974, recently reported to have been described as a ‘relic’ by Lord Justice Coulson. It is critical to consider whether the firm wants its interim bills to be merely on account, or statute bills, with the consequences which flow on being able to sue on them, time limits for challenge, and generally the inability to charge for anything omitted from the bill. There have been several examples of courts ordering detailed assessments of law firms’ bills amounting to

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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
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
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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