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12 March 2009 / John Randall
Issue: 7360 / Categories: Features , Profession
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Intolerable strain

The single regulatory framework is out of step with today’s marketplace.
John Randall explains why

For the last quarter of a century, regulation of the solicitors’ profession has been guided by Lord Diplock’s dicta in Swain v The Law Society [1983] 1 AC 598, [1982] 2 All ER 827 that rules should be made in the interests of “that section of the public that may be in need of legal services”. Today, that section of the public is no longer homogeneous, and its diverging interests place intolerable strains on a single regulatory regime. Public interests not only diverge, but can collide.

The rule on conflict that protects the interests of the private client in a matrimonial matter, or a small business dealing with its landlord, can act against the interests of sophisticated corporate clients, wishing to instruct a particular firm because of the scale, expertise, quality and global reach of its specialist services. For corporate clients information barriers may be sufficient to protect their interests. A rule that is appropriate to protect an unsophisticated client may

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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