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09 September 2010 / Rita Leat
Issue: 7432 / Categories: Features , Wills & Probate
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Safety first

Regulation? It’s faster in Scotland. Rita Leat explains why

The debate for regulation of will writing rumbles on in England with a host of supporters for regulation, among whom the Law Society and the Fellowship of Professional Willwriters & Probate Practitioners have featured heavily, without reaching a successful outcome. Why is this? Perhaps, until the existence of the Legal Services Act 2007 and the establishment of the Legal Services Board (LSB) as an over-arching regulator for legal services, there simply has not been an easy vehicle that could make regulation happen.

Arguably the Legal Services Act 2007 creates the greatest changes in legal regulation for over a century and has opened up the access to the law. This will hopefully and ultimately change the way many people regard the law. No longer will consumers have to obtain their legal services from solicitors; other providers can now come forward to offer their wares. Enter stage right: the so called ‘Tesco Law’.

Consumer protection

There have been cries from within the industry in the past that have

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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