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Reserved legal activities

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Reserved legal activities

Postby waterloo » Wed Mar 12, 2014 2:20 pm

From Legal Services Act 2007

12Meaning of “reserved legal activity” and “legal activity”

(1)In this Act “reserved legal activity” means—
(a)the exercise of a right of audience;
(b)the conduct of litigation;
(c)reserved instrument activities;
(d)probate activities;
(e)notarial activities;
(f)the administration of oaths.

(2)Schedule 2 makes provision about what constitutes each of those activities.

(3)In this Act “legal activity” means—
(a)an activity which is a reserved legal activity within the meaning of this Act as originally enacted, and
(b)any other activity which consists of one or both of the following—
(i)the provision of legal advice or assistance in connection with the application of the law or with any form of resolution of legal disputes;
(ii)the provision of representation in connection with any matter concerning the application of the law or any form of resolution of legal disputes.

(4)But “legal activity” does not include any activity of a judicial or quasi-judicial nature (including acting as a mediator).

(5)For the purposes of subsection (3) “legal dispute” includes a dispute as to any matter of fact the resolution of which is relevant to determining the nature of any person's legal rights or liabilities.

(6)Section 24 makes provision for adding legal activities to the reserved legal activities.


Would I be correct to say that the issuing of a statutory demand on behalf of a company is not a reserved legal activity but the application for a winding up order would be?
'Logic' being that a statutory demand unless contested doesn't involve a court and so isn't litigation, whereas a winding up petition is issued by a court and therefore is.
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Re: Reserved legal activities

Postby 3.14 » Wed Mar 12, 2014 3:19 pm

Anyone can issue a stat demand.
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Re: Reserved legal activities

Postby waterloo » Wed Mar 12, 2014 3:51 pm

Thank you.
And when the Stat Demand goes unanswered can anyone apply for winding up, on anothers behalf?
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Re: Reserved legal activities

Postby 3.14 » Wed Mar 12, 2014 4:06 pm

I've had clients do it all themselves except for the actual serves.
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Re: Reserved legal activities

Postby atticus » Wed Mar 12, 2014 4:09 pm

The passage quoted refers to schedule 2. See schedule 2, para 4.
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