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08 May 2015 / Kerry Underwood
Issue: 7651 / Categories: Features , Legal services , Profession
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Chronicle of a death foretold (Pt 1)

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Kerry Underwood documents the spectacular failure of ABSs

Alternative business structures (ABSs) were put in place to justify an attempt to eradicate lawyers from representing ordinary members of the public. Not surprisingly they have proved to be a spectacular failure, both individually and conceptually.

It will be a central theme of this three-part series on the decline and fall of ABSs that governments of all persuasions, along with civil servants, many academics and the usual suspects in terms of advisers and self-selected consumer spokespeople have wholly misunderstood the role and nature of law and lawyers and the judicial process leading to reforms that have deeply damaged this country and threaten to set it on the road to totalitarianism.

Some observers believe that this is a deliberate and calculated attack on a system (the courts) and a profession (lawyers) who do not do the government’s bidding, whatever the colour of that government. Legal aid cuts are cited as key evidence by the conspiracy theorists. No-one, not even the government, maintains that they are saving money. Apart from the very significant

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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