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Safety first

09 September 2010 / Rita Leat
Issue: 7432 / Categories: Features , Wills & Probate
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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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NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
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