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An interesting point made by the High Court in Beckwith v Solicitors Regulation Authority

30/11/2020

"Regulators pursue disciplinary proceedings in the public interest; the costs they incur should reflect that responsibility. This is no more than one aspect of an imperative that applies to all regulators – they must exercise their regulatory powers proportionately. Since the SRA will not in the ordinary course, be required to pay costs when regulatory proceedings are successfully defended (see the judgment of the Court of Appeal in Baxendale-Walker v Law Society [2008] 1 WLR 426), it must conduct its cases with proper regard to the need to permit persons who face regulatory complaints to defend themselves without excessive cost. This is part of any regulator's responsibilities in the public interest."

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