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09 August 2007
Issue: 7285 / Categories: Legal News , Profession , Competition
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OFT wants Scottish legal system restrictions lifted

News

The restrictions affecting the Scottish legal system could be harming consumers and should be lifted, the Office of Fair Trading (OFT) says.
In Scotland there are restrictions on advocates’ business structures, third party entry into the market, and direct consumer access to advocates.
The OFT’s decision to recommend lifting these restrictions follows a super-complaint from Which?, arguing that the restrictions prevent legal services providers in Scotland from adapting their businesses to best fit the needs of Scottish consumers.

The OFT concluded that the restrictions are unnecessary and believes there would be benefits to consumers if they were lifted, such as efficiency gains and higher levels of innovation in the provision of legal services. The Scottish Executive has agreed to respond formally to the OFT’s recommendations within 90 days.

Kyla Brand, OFT representative in Scotland, says: “Scotland’s legal services are hugely important for individuals and businesses—they underpin economic success and have always done so. The OFT wishes to see them grow and innovate, competing on equal terms with providers across the UK.”
The full response can be downloaded at www.oft.gov.uk.

Issue: 7285 / Categories: Legal News , Profession , Competition
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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