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27 June 2019 / Roderick Ramage
Issue: 7846 / Categories: Opinion , Regulatory , Profession , Legal services
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Remembrance of things past & present

None of us should be surprised by the recurring threat of outside competition, says Roderick Ramage

Can companies be trusted? It depends. Fifteen years ago, the questions were: (i) What did Sir David Clementi say in his final report on his Review of the Regulatory Framework for Legal Services in England and Wales? and (ii) What will be the consequences?

To the first Sir David answered, between the lines, that commercial incentives rather than ethics should be relied on to uphold professional standards. To the second, Parliament enacted the Legal Services Act 2007, by which alternative business structures (ABSs), in which the ownership of law firms could be split from their management, so that a law firm with outside equity investors or an existing business (eg Tesco, the RAC, the Co-op, accountancy firms), may be registered and authorised to practise the law as solicitors. The questions that might be asked now are: (i) What has happened? and (ii) Does it matter?

Corporations & individuals

Law and morals are

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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