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09 July 2020 / Jessica Clay , Lucy Williams
Issue: 7894 / Categories: Opinion , Profession , Regulatory
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Regulation beyond the echo chambers: who is listening?

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Jessica Clay & Lucy Williams, of Kingsley Napley, examine the potential for lasting legal services reform, in the light of Professor Mayson’s report

  • Legal services framework reform: exploring realistic and immediate options.
  • A ‘make-do’ situation: small steps towards change.

Now submitted to the Lord Chancellor, Professor Stephen Mayson’s report, ‘Reforming Legal Services: Regulation beyond the echo chambers’ is the culmination of a two-year independent review into the regulation of legal services in England and Wales. Mayson consulted almost 350 interested parties and sought insight from individuals on an Advisory Panel, including our colleague Iain Miller.

Mayson refers to the current regulatory framework as ‘incomplete’ and ‘limited’ and ‘not able in the near-term and beyond to meet the demands and expectations placed on it’, particularly with the emergence and rapid development of alternative providers and lawtech. Mayson sets out 46 long-term recommendations, which seek to create a ‘level playing field’ for legal services and enhance consumer protection, through ‘targeted and proportionate regulation’.

These recommendations

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Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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