Joshua Rozenberg’s “Regulating the Regulator”

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Legal Executives in Dispute Over Regulator: Could it End Up in Court?

Legal executives may be on the verge of scrapping their regulator, leading to a potential legal battle that could shake up the legal profession. The Solicitors Regulation Authority has expressed willingness to regulate legal executives, formerly known as CILEX members, citing public interest benefits and no additional costs for solicitors. However, CILEX Regulation Ltd, the current regulator for legal executives, argues that such a move would be unlawful and could undermine the independence of regulators as mandated by the Legal Services Act.

The decision ultimately lies with CILEX, which is set to review the Solicitors Regulation Authority’s proposals and stakeholder feedback before making a final decision later this year. The Legal Services Board has indicated that approved regulators like CILEX have the power to revoke and redelegate their regulatory functions, but the Law Society has raised concerns about the potential risks to consumers and the lack of benefits for legal executives.

The dispute highlights broader issues within the legal profession, with tensions between solicitors and legal executives over qualifications and specialization. The Law Society has expressed deep concerns about the proposed regulatory change, questioning its impact on consumers and the regulatory objectives of the Solicitors Regulation Authority. The possibility of a legal challenge looms large, with the Law Society potentially using its control over the Solicitors Regulation Authority Limited to block the regulation of CILEX members.

As the legal battle unfolds, the future of regulatory oversight in the legal profession hangs in the balance. Stay tuned for updates on this developing story as legal executives and their regulators navigate a complex and contentious landscape.

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