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The law is (still) not a level playing field

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The proper funding of our justice system, so neglected by recent governments, is a vital issue for our society and it demands urgent action, says Geoffrey Bindman KC

In his recent piece on third-party litigation funding, Roger Smith considered the intervention of a new breed of entrepreneur into the funding of litigation. He sees this as a step in increasing ‘commoditisation’ of the law—defined by Google as ‘transformation of something into an object of trade or commerce’ (‘Third-party funding—regulation needed?’ 172 NLJ 8002, p6).

In a more recent article, he has criticised the government’s delay of its ‘distant and unfunded’ review of civil legal aid as an’ abdication of responsibility’ (‘Civil legal aid: rolling down the road?’ NLJ, 20 January 2023, p6). Both issues raise the broader question: how should our independent legal profession and our justice system be funded?

Double-edged swords

The earliest lawyers in Greece and Rome were unpaid. The great Roman lawyer Cicero

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

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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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