header-logo header-logo

How to stem the flood?

26 October 2012
Issue: 7535 / Categories: Opinion , Procedure & practice
printer mail-detail

Lawyers & citizens suffer from the rush to legislate, says Daniel Greenberg

The flood of Acts and statutory instruments shows no sign of abating, despite talk of de-regulation from successive governments. The more legislation Whitehall and Westminster make, the less the chance that sufficient time and other resources will be provided to ensure legislation of reasonable quality. So the problem for citizens and their advisers of handling the flow of new legislation is exacerbated by a significant proportion of it being of poor quality.

Legislating in haste

Recent high profile legislation that appears to have been legislated in haste and repented in even greater haste includes “pasty taxes” and charity tax reliefs; but there are many more lower-profile instances of legislation that have to be amended by a succession of attempts to rectify original defects.

The key to avoiding poor legislation is undoubtedly effective scrutiny in the early stages of the legislative process; going right back to the drafting stage and even earlier. However, given the increasing burden of work on civil servants

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll