Wither Contracting

You can download a copy of the judgment in the LSC appeal of the Law Society & Dexter Montague JR here (scroll down to the bottom of the post).
The LSC press release probably picks out the main phrase:
‘The power to amend (in this contract) is better characterised as a power to rewrite the contract.’ [para 86 of the judgment]
This pretty much sums up their behaviour in recent times. This is a sentiment with which most people I speak to would concur and one which the conduct of recent consultations would confirm. The practical impact of this on forthcoming developments is unclear and perhaps Des Hutton is over optimistic that an “urgent re-think” is likely – the early indications of the LSC are not positive.
So once again a period of limbo.
At the same time we experience a developing trend which we have christened “make it up as we go alongery”. Fee sharing of PACE standard fees being the best example in the last week.
The LS presses ahead following their JR success.

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