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30 April 2009 / Frank Maher
Issue: 7367 / Categories: Features , Legal services , Profession , Insurance / reinsurance
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Damage limitation

Frank Maher advises on how to mitigate the fall-out from the credit crunch

You should certainly expect the unexpected, however unexpected that is,” said Adam Applegarth, on his resignation as chief executive of Northern Rock. This applies equally to law firms.

Each day the profession faces new challenges which may not have been encountered before—a recent example being landlord solvency which threatened three law firms with closure of their offices when the electricity bill went unpaid.

Although the seeds have already been sown for some, and the damage done, many issues are capable of being mitigated if people think about them in advance.

People risk

      
      ●     Employment issues are a significant issue. Firms making redundancies run the risk of stress-related mistakes, and not having smooth handovers of ongoing matters, perhaps leaving loose ends such as registration of mortgages. There may also be problems obtaining co-operation from staff after they leave, either for ongoing matters or in defending claims.

      
      ●     Low morale in a firm often appears to filter through

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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
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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