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Taking a risk or two

09 December 2010 / Michael Garson
Issue: 7445 / Categories: Features , Profession
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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
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
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
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