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21 February 2025 / Frank Maher
Issue: 8105 / Categories: Opinion , Legal services , Profession , Regulatory , Risk management , Rule of law
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Traps & SLAPPs

208719
A litigator’s year of risk: Frank Maher runs through some of the challenges that lie ahead

The speed of change continues apace in the world of litigation, with a constant stream of challenges provided by the Solicitors Regulation Authority (SRA) and the courts. We look at two key areas here, interim billing and ethics, but there will doubtless be others.

Bills bills bills

The first key area of interest we address for litigators is the question of interim billing of costs and the impact of s 70 of the Solicitors Act 1974, recently reported to have been described as a ‘relic’ by Lord Justice Coulson. It is critical to consider whether the firm wants its interim bills to be merely on account, or statute bills, with the consequences which flow on being able to sue on them, time limits for challenge, and generally the inability to charge for anything omitted from the bill. There have been several examples of courts ordering detailed assessments of law firms’ bills amounting to

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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