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15 February 2013 / Antony Townsend
Issue: 7548 / Categories: Features , Profession
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Right to reply

Antony Townsend responds to criticism of the SRA’s approach to regulation

Ronnie Fox’s colourful perspective on the requirements of regulation paints a picture of a legal profession suffocating under a blanket of red tape and bureaucracy (“Under pressure”). The burden of regulation (not just from the Solicitors Regulation Authority (SRA)) is a real issue for legal services; but his caricature of outcomes-focused regulation (OFR) is neither accurate nor does it reflect the emerging evidence on the views of the profession.

Outcomes-focused regulation

OFR was launched on 6 October 2011. It is designed to replace traditional “tick-box” regulation with a new risk-based approach, allowing firms to achieve the right outcomes by delivering legal services in a way which best suits their individual clients and meets the public interest. The old Code of Conduct was 290 pages; the new one is 36 pages.

Ronnie suggests that the new approach leaves the profession to cope with uncertainty, and contrasts this with the supposed certainty of the old Code. It is true that OFR

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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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