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09 December 2010 / Michael Garson
Issue: 7445 / Categories: Features , Profession
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Taking a risk or two

What hope for outcomes focused regulation? Michael Garson reports

Every month seems to bring another change; each headlined as more important than the last. So how might outcomes focused regulation (OFR) turn out to be any different? Clients will still demand excellent service, pricing will remain competitive, new challenges will arise and the same old issues will cause tension and friction from time to time. If the Solicitors Regulation Authority (SRA) only features in your life cycle at work once a year for renewal of professional indemnity, client account audit and practicing certificates, then will it be any different after October 2011?

The answer might be that for an overwhelming majority little would be different—at least on the surface, even though more of your time and resource could be involved in a more intrusive process of reporting that demands more systematic policies and supervision. It could be that the same 10% of firms that have problems with the regulatory arm now, will continue to have difficulties to overcome in the future. Alternatively, it

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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