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A new order?

24 September 2010 / Joe Bryant
Issue: 7434 / Categories: Features , Regulatory
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Joe Bryant counts the cost of improved legal regulation

The winds of change are blowing through the regulatory infrastructure that underpins the legal profession; a welcome breeze of independence is wafting along the shiny new corridors of power. But, while consumer groups are queuing up to welcome the reforms, others will know that improved regulation always comes at a cost. The issue here is: who picks up the tab?
The reforms enshrined in the Legal Services Act focus on the organisational change needed to move away from self-regulation towards a more independent structure.

  • The Legal Services Board (LSB) has been created to be the “oversight regulator” for the entire legal profession, ie barristers and legal executives, as well as solicitors. It is an entirely independent body, with a mandate to raise public awareness of the standards against which the profession is to be assessed.
  • The Office for Legal Complaints (and its henchman, the Legal Ombudsman), will be the body that will get its hands dirty at the coalface when the profession falls short of those
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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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