Eimear McCartan - Trainee Solicitor - Corporate
The topical issue of Alternative Business Structures (ABSs) came to the fore once again on the front page of this week’s issue of the Law Society Gazette.
The chief of law firm DLA Piper, Sir Nigel Knowles, has voiced warnings about the potential consequences the upcoming introduction of ABSs will have when introduced on the 6th October this year.
The introduction of ABSs means the entire system of ownership for legal services will undergo a potentially dramatic change as for the first time non-lawyers can invest in and own legal businesses. Up until now, lawyers have been the sole owners of legal businesses. Under the new regime introduced under the Legal Services Act 2007, ownership of legal services will open up to anyone deemed ‘fit and proper’ depending on their share of ownership of the business.
Some are in favour of the new system of ownership, welcoming the fact this will increase competition between existing legal firms and introduce new entrants to the market, thus benefiting the client and driving down prices. Supporters have also highlighted the fact it will open up new doors for solicitors themselves, increasing career options and broadening the scope of the profession.
However, those in opposition have strongly voiced their concerns over the impending introduction of the regime. Critics suggest that introducing non-lawyers into the market could undermine the quality of the entire legal profession. Some major supermarkets, banks and insurance companies have already expressed an interest in participating in the sector, which has led some to dub the introduction of ABSs as ‘Tesco law.’ In addition, some see the change as yet another front to be fought, with law firms already battling a depressed market, legal aid cuts and the Jackson reforms. Many predict that the introduction of ABSs will sound the death knell for small high street firms unable to compete with the giants of the retail sector. Read more »
Chris MacCafferty - Business Litigation & Professional Negligence Solicitor
I recently read in the Law Gazette that expert witnesses have lost their immunity from being sued over matters arising in the course of proceedings, following a landmark ruling.
The full article can be read here.
In my view this is a sensible Judgement. I guess those in favour of maintaining immunity would argue it ensures that Experts are prepared to give evidence in litigation. That said I do not think it will deter good experts from giving evidence. In my experience good experts are fully aware of their paramount duty to the Court and furthermore would not stake their professional reputation at risk for a case.
Whilst this Judgement opens the possibility of bringing professional negligence claims against Expert Witnesses, I agree with the other commentators that this is very unlikely to open a floodgate of claims. There will be claims however for those Experts who dabble and therefore should either not be holding themselves out as an expert or decline the instructions, or are not strong enough to uphold their own professional integrity.
For those good Experts out there I do not think they need to worry. The usual test for professional negligence will still apply and therefore if they are maintaining the standards of the reasonable competent expert in their field they have nothing to fear. That said they may want to check the Professional Indemnity Insurance to ensure they are adequately covered.
Michael Forrester- Business Litigation Solicitor
It was widely reported last week that LG obtained a legal injunction against Sony which subsequently banned the importation of PS3 games consoles into Europe.
Thousands of PS3 games consoles were seized by customs officials in The Netherlands, with the legal dispute centering around the ownership of Blu-Ray technology.
Applications for interim injunctions in intellectual property, and particularly patent cases, are not uncommon. Businesses seek this type of relief because a cash award is sometimes inadequate. The number of claims may increase because local courts were given authority to deal with this type of case last year.
The interim injunction in this case granted by the International Court of Justice in The Hague has received considerable publicity because of the parties involved and the large effect that an interim injunction can have on a market place. Read more »
Tags: business solicitor, business solicitor manchester, ip lawyer, ip laywer manchester, ip solicitor, ip solicitor manchester, michael forrester, patent solicitor, patent solicitor manchester, trademark solicitor, trademark solicitor manchester
Business Law, Intellectual Property, Media | Ralli | 
March 8, 2011 11:15 am | 
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Chris MacCafferty - Professional Negligence Solicitor
The Daily Mail recently reported that a Solicitor had been suspended after “taking 19 years to settle spinster’s estate”.
Guy Choat was subsequently barred from the profession for three years for the delay in winding up the affairs of Miss Muriel McCarthy.
The full article can be read here.
This is a very unfortunate state of affairs and I would have to echo the comments of the Chairman that this sort of delay is simply unacceptable.
It would appear that Mr Choat was in breach of the profession’s code of conduct of which there were several editions during the 19 year period.
I am only glad that this sort of extreme case is rare. I suspect that the Estate and Beneficiaries have been worn down by the length of time but they should consider the possibility of bringing a claim for professional negligence arising from the delay.
David Potts, Partner and Head of Business Litigation
Especially when two leading academic express their views in writing and that leads to the loser in a piece of litigation having to write cheques in relation to both parties’ costs.
In 1991, Mr Robinson and his Wife agreed to buy a house which was being built from PE Jones (Contractors) Limited for £350,000.00 or so. The purchase of the property, 12 Magnolia Rise, Prestbury, was completed around April 1992. In September 2004, Mr Robinson called a gas service engineer to service his gas fires. The gas fires failed the service engineers’ test and both were disconnected for safety reasons. Mr Robinson wrote to the builder saying that the flues were not built in accordance with good building practice or Building Regulations. It appeared that the cost of repairs would be substantial (about £35,000.00 or so) because the flues would require reconstruction. Mr Robinson issued proceedings against the builder in December 2006. Read more »
Phil Hitchen - Associate
My comments follow on from Sathnam Sanghera’s article in todays business section of Times Online (Found below).
It is a sad fact of life that whether you are dealing with a member of your family or a friend or with any other person (particularly in the course of a business) that it is often in everyone’s interests to record the transaction in the form of a clear and precise and reasonably comprehensive written contract setting out respective rights and obligations and which meets legal requirements. Read more »
Adrian Anderson (Partner and Head of the Corporate Department)
What areas of law do you specialise in?
Company law, management buy outs in particular.
What was your first inspiration to become a Solicitor?
When I was at school I witnessed a very impressive criminal trial at Crown Court. Read more »
I’ve been out of the country but regrettably not out of the loop for the past few days, and have been watching the press coverage of the Trafigura Freedom of Speech case with great interest.
Read more »
Mark Briegal (Partner)
It’s interesting to see a US firm planning to take advantage of the new rules. In any business good players can succeed by adopting a new model or by being better than the competition, even in a recession.
Read more »
Deborah Rainford (Solicitor)
In response to the news that Judge Jacqueline Smart at South Shields county court has decided that the MBNA credit card company cannot demand the repayment of a customer’s debt. Read more »
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