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23 July 2009 / Mark Parkhouse , Andrew Jackson
Issue: 7379 / Categories: Opinion , Regulatory , Banking
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No time for bad law

Pragmatism, not fast law, will help
the UK exit the recession say
Mark Parkhouse & Andrew Jackson

Inadequate banking regulation in the UK has, arguably, led to a shrinking economy, increased unemployment and an increase in business failures. In the wake of the recession, economists are debating whom to blame, where to shift the power, and what tools to use to prevent future failures.

Alistair Darling is sticking by the strengths and weaknesses of the tripartite system. This division of labour allocates responsibilities between the Financial Services Authority (FSA), the Bank of England and the Treasury. Each institution has come under criticism for a lack of effective communication prior to the recession, and for not taking sufficient preventative action early enough.

Whereas Mervyn King politely blames the government for the downturn, and appears willing to initiate a campaign for greater centralised power in the Bank of England. Mr King has spoken out over the “extraordinary” budget deficit and the failure of the Treasury to consult with him over reform

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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