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26 October 2012
Issue: 7535 / Categories: Opinion , Procedure & practice
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How to stem the flood?

Lawyers & citizens suffer from the rush to legislate, says Daniel Greenberg

The flood of Acts and statutory instruments shows no sign of abating, despite talk of de-regulation from successive governments. The more legislation Whitehall and Westminster make, the less the chance that sufficient time and other resources will be provided to ensure legislation of reasonable quality. So the problem for citizens and their advisers of handling the flow of new legislation is exacerbated by a significant proportion of it being of poor quality.

Legislating in haste

Recent high profile legislation that appears to have been legislated in haste and repented in even greater haste includes “pasty taxes” and charity tax reliefs; but there are many more lower-profile instances of legislation that have to be amended by a succession of attempts to rectify original defects.

The key to avoiding poor legislation is undoubtedly effective scrutiny in the early stages of the legislative process; going right back to the drafting stage and even earlier. However, given the increasing burden of work on civil servants and ministers, legislative drafts prepared by parliamentary counsel or departmental

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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