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STILL WAITING FOR THE IMPACT – ABS TWO YEARS ON

Published by Gbaf News

Posted on January 27, 2014

6 min read

· Last updated: January 31, 2019

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The City had its Big Bang in 1986 with the de-regulation of financial markets leading to increased market activity and many of the old firms being taken over by foreign and domestic banks.

Legal Services Act and ABS Introduction

The Big Bang for lawyers was meant to be the Legal Services Act which opened the door to ABS applications in January 2012 but so far activity has been fairly limited and not across the whole marketplace.

The Professional Practices Group at accountants Baker Tilly have been looking into the reasons for this.

Size and Dynamics of Legal Marketplace

The legal services marketplace in England and Wales is large and about £30 bn in size. It is ripe for consolidation with change being driven by the regulator and consumer.

But the anticipated spate of PE dealflow and the first IPOs have not happened.

Market Activity and Consolidation Trends

To date the activity that has taken place has primarily been at the top end of the market where the drive for globalisation and wider client service offerings has led a number of UK firms to tie up with larger players. Norton Rose and Fulbright &Jaworski and King & Wood Mallesons SJ Berwin are recent global mergers.

In the mid-market space there have been a number of mergers driven mostly by purely commercial rationale to address the issues of overcapacity in a sector where there are general commercial law firms without real differentiators.

Neither of these types of deal are really what either the PE marketplace or institutions are looking for.

Barriers to Private Equity Participation

The traditional partnership model where profits are paid out each year without the creation of capital value, the complexity of decision making and the lack of processes are big barriers. Businesses that can be made more efficient, can be scaled up by bolting on acquisitions and then sold are the drivers for institutional investment.

So, whilst the drivers for dealflow may not be there in certain parts of the legal marketplace and Big Bang has had little effect it has had a major impact at the consumer and volume end of the marketplace. Primarily personal injury.

Private Equity’s Focus Shifts to Volume Sector

PE firms have turned their attention to this area where the drivers they are looking for are more apparent. Here, a few PE deals have now been done but the real consolidation has been driven by the emergence in the UK of firms such as Slater & Gordon, the Australian quoted law firm, buying up firms in the personal injury sector to create a significant UK presence.

PE firms have been alive to this too. The largest investment so far being that of Duke Street in Parabis, a claims management firm and only last week JZ International acquired control of Winn solicitors, which provides legal and claims management services.

Going forward, the best targets have probably now been acquired in the personal injury space and those that are left are most likely to be swept up by one of the larger consolidators leaving PE and other potential investors to look for more innovative ways of gaining an entry point.

So Big Bang has had a dramatic impact but probably not in the way originally anticipated. Though, the return to the office after the New Year has brought with it a feeling that there may well be a second wave of ABS activity in 2014.

The City had its Big Bang in 1986 with the de-regulation of financial markets leading to increased market activity and many of the old firms being taken over by foreign and domestic banks.

The Big Bang for lawyers was meant to be the Legal Services Act which opened the door to ABS applications in January 2012 but so far activity has been fairly limited and not across the whole marketplace.

The Professional Practices Group at accountants Baker Tilly have been looking into the reasons for this.

The legal services marketplace in England and Wales is large and about £30 bn in size. It is ripe for consolidation with change being driven by the regulator and consumer.

But the anticipated spate of PE dealflow and the first IPOs have not happened.

To date the activity that has taken place has primarily been at the top end of the market where the drive for globalisation and wider client service offerings has led a number of UK firms to tie up with larger players. Norton Rose and Fulbright &Jaworski and King & Wood Mallesons SJ Berwin are recent global mergers.

In the mid-market space there have been a number of mergers driven mostly by purely commercial rationale to address the issues of overcapacity in a sector where there are general commercial law firms without real differentiators.

Neither of these types of deal are really what either the PE marketplace or institutions are looking for.

The traditional partnership model where profits are paid out each year without the creation of capital value, the complexity of decision making and the lack of processes are big barriers. Businesses that can be made more efficient, can be scaled up by bolting on acquisitions and then sold are the drivers for institutional investment.

So, whilst the drivers for dealflow may not be there in certain parts of the legal marketplace and Big Bang has had little effect it has had a major impact at the consumer and volume end of the marketplace. Primarily personal injury.

PE firms have turned their attention to this area where the drivers they are looking for are more apparent. Here, a few PE deals have now been done but the real consolidation has been driven by the emergence in the UK of firms such as Slater & Gordon, the Australian quoted law firm, buying up firms in the personal injury sector to create a significant UK presence.

PE firms have been alive to this too. The largest investment so far being that of Duke Street in Parabis, a claims management firm and only last week JZ International acquired control of Winn solicitors, which provides legal and claims management services.

Going forward, the best targets have probably now been acquired in the personal injury space and those that are left are most likely to be swept up by one of the larger consolidators leaving PE and other potential investors to look for more innovative ways of gaining an entry point.

So Big Bang has had a dramatic impact but probably not in the way originally anticipated. Though, the return to the office after the New Year has brought with it a feeling that there may well be a second wave of ABS activity in 2014.

Key Takeaways

  • ABS regime in the UK began in January 2012 but uptake remained limited after two years, especially outside high‑volume consumer legal services.
  • High‑end global law firm consolidations drove some ABS activity, but PE‑led dealflow and IPOs did not materialise as expected.
  • ABSs have had most impact in personal injury and consumer sectors, with players like Slater & Gordon and PE-backed Parabis leading consolidation.
  • Structural challenges—such as traditional partnership models, annual profit distribution, decision‑making complexity, and lack of scalable processes—have hindered broader institutional investment.
  • A second wave of ABS activity was anticipated in 2014, but innovation remains concentrated in volume segments rather than mid‑market or top‑tier firms.

References

Frequently Asked Questions

What are Alternative Business Structures (ABS)?
ABS are law firms allowed under the Legal Services Act 2007 to have non‑lawyer ownership or investment in England & Wales, first licensed from January 2012.
Why has ABS uptake been limited in the legal market?
Uptake has been constrained by the traditional partner model lacking scalable capital structures, complex decision‑making, and limited institutional‑grade processes.
Where has ABS activity been most prominent?
The most notable ABS activity has occurred in high‑volume consumer areas like personal injury, where firms such as Slater & Gordon and PE‑backed Parabis have led consolidation.
Have any IPOs or major PE deals happened under ABS?
No widespread IPOs or PE transactions have occurred; only limited activity at the top end, with few actual deals outside of consumer practices.

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