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26 July 2018 / John Gould
Issue: 7803 / Categories: Features , Regulatory
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Time to play by the rules?

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John Gould offers some advice on how to strike a balance between clarity & flexibility in recent changes to the solicitors’ rule book

  • Proposed changes to the solicitors’ Code of Conduct which highlight ‘choice of providers and consumers as to the services they want’ may be the first steps on a longer journey in the pursuit of regulatory clarity.

The recent bout of World Cup fever reminded me of the film Mike Bassett: England Manager . Mike wasn’t one for prescriptive procedures and was proud that he wrote his England team selection on the ‘back of a fag packet’. On the appearance of Ron Benson and Tony Hedges (two overweight, unknown, superannuated lower league players) in the squad, he remonstrates with the Football Association’s administration who, no doubt following the rules to the letter, had issued the baffling call-up to the unknowns. ‘Where does it say Benson and Hedges on that?’ he demands, waving the branded cigarette packet. He plays them anyway so as not to lose face—as so often

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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