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23 May 2019 / John Gould
Issue: 7841 / Categories: Features , Regulatory
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Doing what’s right & legal

Conduct unbefitting? John Gould weighs up the evidence surrounding legal but anti-social lawyering
  • One person’s moral conviction is not another’s legal obligation.
  • Lawyers must have integrity and comply with professional codes.

Law is the great ethical common denominator. We can disagree with it but we must obey it or take the consequences. It tells us, in a way which matters, what is right and what is wrong. It tells us what is permitted and what is not. It tells us that with compliance comes the freedom to speak or to do as we please.

Individually I may think that failing to stand for the national anthem should be punished by public stoning but, until my lobbying produces a referendum and legislation, you can continue to sit there gesturing disrespectfully in my general direction. A Beefeater will not appear and haul you off to the Bloody Tower.

Fortunately for lawyers, we are not experiencing a shortage of law. Law, like nature, abhors a vacuum and a vast cloud of law

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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