JK v MK & Anor

JK v MK & Anor

amicable's business model does not create a conflict of interest and does not violate the Legal Services Act 2007, as it does not conduct litigation or prepare instruments within the meaning of the Act; customers file documents themselves and amicable's role is limited to assistance and drafting.

Parties
Petitioner: JK; Respondent: MK; Intervener: E-Negotiation Ltd (trading as 'amicable'); Intervener: The Queen’s Proctor
Jurisdiction
England and Wales
Judgment Date
20 January 2020
Procedural Posture
Family / Judgment
Outcome
declarations granted; consent order approved; decree nisi made absolute
Legal Topics
Divorce, Financial Remedy, Reserved Legal Activities, Conflict of Interest, Legal Services Regulation
Family Law Legal Regulation Divorce Financial Remedy Reserved Legal Activities Conflict of Interest Legal Services Regulation

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Parties

JK

Petitioner

MK

Respondent

E-Negotiation Ltd (trading as 'amicable')

Intervener

The Queen’s Proctor

Intervener

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether amicable's business model creates a conflict of interest by acting for both parties in divorce proceedings
  2. 2 Whether amicable's activities constitute reserved legal activities under the Legal Services Act 2007

Ratio Decidendi

amicable's business model does not create a conflict of interest and does not violate the Legal Services Act 2007, as it does not conduct litigation or prepare instruments within the meaning of the Act; customers file documents themselves and amicable's role is limited to assistance and drafting.

Court Disposition

declarations granted; consent order approved; decree nisi made absolute

Orders

  • Declaration that amicable is not placed in a position of conflict of interest by acting for both parties under its business model.
  • Declaration that amicable does not violate Paragraphs 4 or 5 of Schedule 2 to the Legal Services Act 2007.