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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

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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