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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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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