Category: Legal Professionals
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What Mazur Means for the Court of Protection
The High Court’s decision in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has landed with unusual force across the profession. What began as a discrete costs appeal over a law firm’s use of an employee without a practising certificate has spiralled into a wider crisis of confidence about who, within a regulated…
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The Impact of OH v Craven: Proposing Balanced Solutions for PI Trusts
The judgment in OH v Craven [2016] EWHC 3146 (QB) has stirred significant debate within the legal community, particularly among personal injury lawyers and their clients. The ruling mandates that counsel’s advice be sought when establishing PI trusts, especially when the applicant solicitors’ firm is also acting as professional trustees, in an attempt to negate…
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In the Spotlight: Re PW and Its Implications for Deputies
The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to…
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Costs Unleashed: The Explosive Impact of Fee Mismanagement in Brassington v Knights and JXC v NIS
In the legal world, costs and the procedures surrounding them have always been a complex arena, fraught with challenges and potential pitfalls. Recently, two cases have starkly highlighted the importance of effective cost management, clear client communication, and robust administrative procedures, specifically in the area of Court of Protection work and conditional fee agreements. The…
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From Cowboys to Consumer Protection: The Rising Debate on Regulating Unregulated Legal Services
The legal services landscape has seen a surge in the provision of unregulated legal services, raising concerns about consumer protection and access to justice. The Solicitors Regulation Authority (SRA) commissioned a comprehensive report, conducted by Frontier Economics, to delve into the size, characteristics, and consumer experiences within the unregulated sector. In this article, we navigate…
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Revisiting Testamentary Capacity: The Baker v Hewston (2023) Cross-Check Approach
Testamentary capacity, the mental ability a person needs to make or alter a will, is a pivotal concept in private client law. Given that questions around this area form one of the most common reasons for will challenges, it’s crucial for practitioners to stay up-to-date with the relevant legal framework. The recent case of Baker…
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Bridging the Access-to-Justice Gap: How Subscription-Based Legal Services Emerge Amid Legal Aid Cuts
As legal aid cuts continue to challenge access to justice for many, the rise of subscription-based legal service models offers a promising alternative. However, are they truly the answer to the legal aid crisis? My latest article delves into the potential of these innovative models, while highlighting the need for a more comprehensive approach to…
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Hybrid-Working: The New Norm. How To Make It Work For Employers and Colleagues
With working from home for part of the week now the norm for many as we move out of the COVID-19 pandemic, it is important that businesses take steps to ensure it is a success. Below are some of the key legal and practical considerations if you are a business who has adopted, or a…
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The Importance of Knowledge-Sharing In The Legal Sector
Knowledge sharing in the legal sector is essential to providing clients with the right legal knowledge. Legal knowledge management ensures a collective legal community that allows for better client challenges resolution. Law firms, individual lawyers, and legal departments have an obligation to share their expertise and efficiently manage knowledge. Management software can be used to…
Jessica Jarvis 