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15 February 2013 / Antony Townsend
Issue: 7548 / Categories: Features , Profession
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Right to reply

Antony Townsend responds to criticism of the SRA’s approach to regulation

Ronnie Fox’s colourful perspective on the requirements of regulation paints a picture of a legal profession suffocating under a blanket of red tape and bureaucracy (“Under pressure”). The burden of regulation (not just from the Solicitors Regulation Authority (SRA)) is a real issue for legal services; but his caricature of outcomes-focused regulation (OFR) is neither accurate nor does it reflect the emerging evidence on the views of the profession.

Outcomes-focused regulation

OFR was launched on 6 October 2011. It is designed to replace traditional “tick-box” regulation with a new risk-based approach, allowing firms to achieve the right outcomes by delivering legal services in a way which best suits their individual clients and meets the public interest. The old Code of Conduct was 290 pages; the new one is 36 pages.

Ronnie suggests that the new approach leaves the profession to cope with uncertainty, and contrasts this with the supposed certainty of the old Code. It is true that OFR

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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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