Martina Hogg argues that the soon-to-be-launched enforcement consultation must take into account concerns about how the regulator handles SDT cases

The Leigh Day case captivated the legal sector like few others have. The subjects of cost (rumoured to be in the seven- or even eight-figure bracket) and the burden of proof have dominated the conversation about the case, and while these are compelling factors, there are more fundamental issues to be considered.

Attending SDT is very much the final act in what can often be a long-running drama. You cannot have a debate about what takes place at SDT without first taking a long hard look at how the case got there. Unfortunately, it’s here that the SRA has long demonstrated a very inconsistent approach.

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