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Corporate regulation needs to change

02 April 2009
Issue: 7363 / Categories: Legal News , Company , Commercial
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Corporate

A report has called for major change in the way corporate legal work is regulated.The independent report, Review of the Regulation of Corporate Legal Work, by former senior civil servant Nick Smedley, was commissioned by the Law Society and published last week.

The report highlighted a “breakdown in trust and relationships between the sector and its regulator over the last couple of years”, and found there was a perception that the regulator lacked the skills, knowledge and experience to deal with the corporate legal sector.

It called for greater expertise and understanding at the Solicitors Regulatory Authority, greater engagement with the profession and its clients, and further recognition of the differences between different parts of the solicitors’ profession.

Smedley says: “The current arrangements for regulating this vital sector of the UK economy and legal services sector are not robust enough. Without rapid change, it is impossible to conclude that the current regulatory arrangements are fit for purpose.” He also believes that it is important to regulate to avoid failures, rather than to deal with failures after the event.
John Young, Lovells’ senior partner, says: “Our view is that regulation and supervision of the legal profession should be appropriate to the type of law firm and the type of client, and not blunt instruments of universal application.”

Issue: 7363 / Categories: Legal News , Company , Commercial
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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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