The SRA’s tough new approach to regulation is too intrusive, says David Mayhew
It will not have escaped your attention that the regulator is in a very busy phase of activity: seven Consultation Papers with response deadlines in March or April 2008 and a further three for June and July; policy statements on settlements in and publication of regulatory and disciplinary decisions; a strategy statement and so on. What does this tell us about the new world ushered in by the Legal Services Act 2007?
The SRA has emphasised it is adopting “a risk-based approach to regulation“. This represents a paradigm shift in regulatory intent: from reactive (relying on complaints as the mechanism for identifying problems) to proactive (monitoring the regulated activities to identify potential threats to...