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27 November 2014
Issue: 7632 / Categories: Legal News
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Bar slaps down “super-quango”

Chairman of Bar Council: single regulator is “last thing we need”

Nicholas Lavender QC, chairman of the Bar Council, has mounted a staunch defence ahead of any plans to introduce a single regulator “super-quango”.

In a speech to regulators and professionals at Lincoln’s Inn this week, he warned that constantly changing the regulatory regime for legal services is costly and lawyers need time to let the current regime bed in.

On the possibility of a single regulator being introduced—the Legal Services Board (LSB) controversially called for a single legal services regulator in 2013—Lavender warned that a super-quango would fail to understand the differences between the various parts of the legal profession and would try to impose a one-size-fits-all concept of regulation.

“The last thing we need in this country, and certainly in the legal profession, is more or bigger quangos,” he said.

“I trust that no-one in this room would consider it appropriate for lawyers to be regulated directly by a government minister. Likewise, it would be unsatisfactory for lawyers to be regulated by a government minister’s agents or appointees.

“So that is another reason why it would be an inappropriate and retrograde step to set up an new quango, or series of quangos, to regulate, say advocates, and litigators, and conveyancers, and what have you. And establishing a super-quango, with the attendant bureaucracy, would be a backwards step because it would be likely to lead to regulation which was both more expensive and of poorer quality.

“We need a regulatory system which respects the independence of lawyers and of the legal professions. One of the important safeguards of the rule of law is the existence of an independent legal profession or professions.”

Lavender also took aim at the concept of entity-based regulation, which would not work in the area of advocacy and was “simply a fashionable idea amongst regulators”.

Meanwhile, lawyers are still getting to grips with the Legal Services Act 2007 and the regulatory regime it introduced. Moreover, the LSB, Bar Standards Board and Solicitors Regulation Authority will all have acquired new heads in the space of eight months, adding to the changes.

Issue: 7632 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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