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25 February 2011 / Dr Jon Robins
Issue: 7454 / Categories: Opinion , Legal services , Profession
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An unfair divide

Is the ban on law firms hiving off unreserved legal work through associated entities the regulatory breach in the profession’s defences that will enable those new entrants to storm a newly liberalised legal services market?

Part 3: Jon Robins confronts an uncomfortable reality for lawyers

Is the profession’s failure to address the separate business rule “the equivalent of the Maginot line”, ponders Neil Kinsella, the senior executive of one of the largest claimant firms Russell Jones & Walker. Or, to put it another way, is the ban on law firms hiving off unreserved legal work through associated entities the regulatory breach in the profession’s defences that will enable those new entrants to storm a newly liberalised legal services market?

Radical change

This is the third and final article in a series exploring the consequences for a profession going through rapid and radical change where some 80% of its work falls outside the protection of “reserved” legal work (see 160 NLJ 7444, p 1662 & NLJ, 7 January 2011, p 7). Most practitioners

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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