
Costs determined by the market: the time has come
Lord Justice Jackson’s lecture, Fixed costs: the time has come, has been characterised by his many critics as his latest assault on access to justice. However, it is reasonable to ask whether an even more fundamental question should also be considered: is there any justification for regulating costs by statute, rule or the judiciary once fixed costs are introduced. That costs are regulated by the courts on the basis of legislation and rules has been in position for so long that it might seem natural to treat it as a given. This approach, however, dates back to a much less sophisticated market for legal services.

Accountants and reserved legal activities – a taxing problem
The Institute of Chartered Accountants of England and Wales (ICAEW) has published its plans to become a regulator for all the reserved legal activities under the Legal Services Act 2007. This will in due course require approval by the Legal Service Board. The ICAEW is already a regulator for probate activities but this application marks a step change that would enable it to authorise accountancy firms to carry out advocacy, litigation and the other reserved legal activities. The proposal raises a number of problematic issues.

The sorry tale of a fallen giant
It is somewhat appropriate that Slater & Gordon sponsors England cricket captain Alastair Cook, no stranger himself to sudden collapses. Yesterday’s results could not really have been much worse, for owners, investors and staff alike, with those in the UK now bracing themselves for redundancies. Schadenfreude abounded on social media and some websites, but the real shame is that, until last year, Slater & Gordon was a significant success story.

Competition in the legal market and a government ready to act
The government’s consultation on universities reform, published in November, in which plans are revealed to enable competition in the sector, may hold clues to its hopes and expectations for the legal profession. Much of the language of the green paper is about “removing barriers” to competition in higher education, similar to that used in November by the Chancellor of the Exchequer when he promised a consultation on boosting competition in the legal services sector, due to take place this spring.

4th Money Laundering Directive – What you need to know
The European Union’s Fourth Anti-Money Laundering Directive will become law in the UK next year. It includes some fundamental changes to the anti-money laundering procedures at law firms, including changes to customer due diligence, a central register for beneficial owners and a focus on risk assessments. However, with proper preparation and training, the transition to the new regime should be seamless for most firms.








