Has the Supreme Court opened the gates to costs being awarded against regulators?
Features piece by Eduardo Reyes, where he considers whether nine months after junior lawyers ‘lost confidence’ in the profession’s regulator and tribunal, has anything changed for the better?
Jessica Clay senior associate in our Regulatory team considers if there has been a change in approach in recent cases.
From the small number of cases it is difficult to say if there has been a change in approach. Jessica Clay, senior associate in the legal services regulatory team at Kingsley Napley, explains: ‘There is not so much a change of approach, but a determination reached on the specific facts of three recent cases, where the fact pattern differs.’
The most recent trio of cases, she points out, ‘refer to isolated incidents, conduct spanning an hour, momentary lapses of judgement only lasting a brief period before discovery or being self-reported’. This distinguishes them from previous cases: ‘So it’s perhaps an indication that the tribunal is focusing on the nature and extent of the dishonesty and looking at where “exceptional circumstances” might come into play.’
Jessica is a senior associate with extensive experience specialising in legal services regulation. Jessica’s work in this sector focuses on advising her clients in relation to complying with regulatory obligations, better understanding the importance of legal ethics within regulation, regulatory investigations and public law matters, including reviewing regulatory frameworks and decision making processes. Jessica is Deputy Editor of Cordery on Legal Services.
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