Practice points

David Parsons

The Employment Rights Act: falling behind the gig economy

13 April 2017

Using legislation from 1996 to determine whether someone is employed, self-employed or a worker is unsatisfactory.

Stephen boyd

Taking account of dishonesty

10 April 2017

Fraud and fresh evidence were factors in a recent High Court decision

Fenella Morris QC

Government crackdown on 'no platform' decisions in universities

6 April 2017

Legal duties have moved to centre stage in a fight over freedom of speech in higher education establishments.

Cyber crime

Schools monitoring student internet use

30 March 2017

Are students and their parents aware that schools are monitoring online activities even when at home?


MIB gears up for new untraced drivers agreement

28 March 2017By Ian Dexter

Motor Insurers Bureau updates agreement for accidents involving untraced drivers, including ‘hit and runs’ and motorcyclists losing control due to diesel spills.

Woman and child

Settlement conferences

24 March 2017By Vanessa Priddis

I was apprehensive about settlement conferences for public law cases, but a pilot scheme in Devon has made me rethink.

Mr Justice Mostyn

Mental capacity: winners and losers

20 March 2017By Sheree Green

Law Commission report on Mental Capacity and Deprivation of Liberty.


Casting the net wider

6 March 2017By Jenny Barker

The ongoing expansion of corporate criminal liability carries new risks for legal advisers.

Brussels skyline

A Brexit survival guide for lawyers

27 February 2017By Oliver Bretz

Law firms have multiple challenges, not only legal and regulatory, but also commercial.

Jehovah watchtower

Snubbing the secular

20 February 2017By Kathleen Hallisey

The Jehovah’s Witnesses organisation is facing an international abuse scandal on a scale akin to the Catholic Church.

Andrew Joint

Laws of robotics: after Asimov

13 February 2017By Andrew Joint

The EU has stepped in to ‘kick-start’ a meaningful discussion on the legislative direction of artificial intelligence.


DPAs – the story so far

6 February 2017By Khawar Qureshi QC

There is an increasing potential for allegations of wrongdoing to feature in commercial litigation and arbitration.

Family court/Court of Protection

Costs protection: warnings and Calderbank offers

30 January 2017By Ian Clarke QC

The Court of Protection has exhibited a robust approach to the exercise of its costs jurisdiction.

Bradford magistrates

Junior lawyers: my first day in court

23 January 2017By Marilyn Stowe

A baptism of fire in Bradford taught me some valuable lessons.

High Court

Duplication of enforcement

16 January 2017

What happens when two professional bodies receive a virtually identical complaint about a member concerning a breach of their rules, code or principles?


Looking back over my career as a lawyer

9 January 2017By Jeremy Holt

What advice would I give my younger self?


Child protection in football – lessons still to be learned

12 December 2016By Malcolm Johnson

The emerging revelations about sex abuse in football suggest mistakes were made. How can we ensure they are not repeated?


Conveyancing: taxing obligations

21 November 2016By Sean Randall

Managing stamp taxes compliance has become a whole lot harder.

Fc anew

Financial regulation: Senior Managers Regime

14 November 2016By Elly Proudlock

I look at a package of further measures released by the Financial Conduct Authority.


Family law: the courts face a crisis

24 October 2016By Jo Edwards

With the Court of Appeal no longer hearing challenges to local family courts, the court system is at breaking point.


Coming to terms with fixed costs

24 October 2016By Richard Allen

Richard Allen considers what solicitors need to do if the proposed fixed-costs regime materialises.


Undermining disabled children’s rights

17 October 2016By Steve Broach

The complex task of advising children and families could soon become virtually impossible.

Rbournes cut

SQE: our regulator has listened

17 October 2016By Robert Bourns

There is much to be welcomed in the SRA’s second consultation on reforms to the qualification process.

Julia black

SQE: high standards, more opportunities

17 October 2016By Julia Black

Your regulator has set out a fuller picture of how the solicitors of the future might qualify.


Second coming of costs bill offers new hope

14 October 2016By

Latest Hutton Committee bill of costs can be an effective tool in resolution of disputes.

Chris cox

Mediation: achieving a satisfactory resolution

10 October 2016By Chris Cox

No amount of time is ever wasted in trying to reach an amicable settlement.


Quiet revolution in our courts

3 October 2016By Phil Bowen

Profound changes to the way justice is done are welcome – but transforming the system raises urgent questions.


Ten tips for junior lawyers

3 October 2016By Craig Budner, Hendrik Puschmann

For many firms it is imperative that they invest in inter-generational excellence and train young lawyers to focus on what lies ahead.


Wales: devolving tax

26 September 2016By Mark Drakeford

Solicitors will play a key role as Wales moves closer to the operation of devolved taxes.


Enforcing court judgments

19 September 2016By Neil Hickman

An unworkable procedure needs to change.

ministry of justice

Criminal legal aid contracts – third time lucky?

14 September 2016By Ben Gaston

Advice for firms that are unsuccessful in the MoJ’s latest procurement for its controversial contracts.


Planning: neighbourhood development

5 September 2016By Peter Edwards

Plans designed to offer a solution to the housing crisis are being frustrated by legislative anomalies and an over-zealous approach.

Rio opening ceremony 1

Olympics 2016: this sporting life

5 September 2016By Mark Hovell

Working as an arbitrator at the Rio Olympics was the highlight of my career.

Sasha barton

Access to justice for Travellers and Gypsies

26 August 2016By Sasha Barton

A new movement aims to highlight the problems still faced by these groups and to end discrimination against them.

Hong kong

Crossing the river — the law on legal professional privilege

12 August 2016By Bryan Cave

A recent decision in Hong Kong may have powerful repercussions for the concept of LPP.

Lord justice briggs

Briggs' online court: what is enough justice?

12 August 2016By Francesca Kaye

The law has a dubious history with large-scale IT projects. Will Briggs’ reforms actually work?

Hentry webb

Joint contracts: clarifying liability

1 August 2016By Henry Webb

Signatures and the validity of contracts.


Bankruptcy in conveyancing

1 August 2016By Jonathan Titmuss

What are the implications for advisers when the vendor goes bankrupt mid-way through the sale?


Costs: post-judgment security

25 July 2016By Yvonne Jefferies

Does the court have jurisdiction to this security?

Ibm watson

Big data: changing the way we work

18 July 2016By Peter Hanton

Law firms will routinely tap into valuable data that is currently unstructured.


Family law: parental alienation

18 July 2016By Joanna Abrahams

‘Parental alienation’ is a widely recognised phenomenon in North America but we have a long way to go.

Tom matusiak

Project managing litigation

11 July 2016By Tom Matusiak

Amid the pressure and unpredictability of disputes, the principles of project management can and should be applied.

Nhs logo

Clin neg: cost of fixed fees

11 July 2016By PJ Kirby QC

The introduction of fixed fees in clinical negligence claims could have grave and unintended consequences.

Cube building 3

Shifting the focus back to the solicitor

4 July 2016By Melanie O’Brien, Matthew Howgate, Sarah Charlton

There is much to like in the new proposed SRA codes of conduct and accounts rules.

Gemma Garrett

Cross-border family disputes complicated by EU referendum

22 June 2016

What does a vote to leave the EU mean for family law practitioners?

Giovanni Guglielmetti

What would Brexit mean for the EU unitary patent?

20 June 2016

Thursday’s referendum will have far-reaching consequences for EU patent litigation.

Supreme Court

Fundamental dishonesty: shifting the lexicon of law

13 June 2016By Jonathan Head, Giovanni Guglielmetti and Marco Blei

Three years on we are still lacking definitive guidance on ‘fundamental dishonesty’.


Mis-sold swaps needed an open, affordable forum

8 June 2016By Richard Samuel

A specialist dispute resolution forum like the employment tribunals could help offer legal redress and change culture.

New york

Arbitration and the common law

6 June 2016By Zachary Segal

The LCJ’s intervention is unlikely to herald a fundamental rethink about the balance between arbitration and litigation.


Northshoring benefits for law firms

25 May 2016By Giles Searby

Northern cities such as Sheffield offer many opportunities for southern law firms to gain competitive advantage and reduce costs by relocating part of their operations there.

All practice ponts

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