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08 December 2023 / John Gould
Issue: 8052 / Categories: Opinion , Regulatory , Profession
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Axiom Ince, SLAPPs, Dixit Shah…who would be a regulator?

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Regulating the legal services industry is not an easy job, as John Gould explains

One of the key challenges faced by legal regulators is how to apply limited resources to achieve the best outcomes in the public interest. Recently two controversies have brought the question of how regulatory risks are prioritised into sharp focus.

Any risk management professional will tell you that the threat posed by a risk is a combination of how likely it is to occur and the impact of the consequences. A nuclear meltdown is less likely to occur than a late running train, but the impact is much greater. Setting priorities must take both into account.

Inevitably different regulatory stakeholders have different priorities but, conventionally, the key interests are those of the regulated profession and the consumers of their services. Each group’s collective interests should largely overlap because both have an interest in ensuring that regulation is cost-effective and maintains high levels of confidence in the regulated profession. But there are other interests in play. Governments and campaigners have broader political and

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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