Spring2012


Policy and Committees Coordinator’s Report Common European Sales Law (CESL)


The Government has issued a Call for Evidence about the impact, possible costs and benefits of the European Commission’s proposed Regulation for a Common European Sales Law (CESL). A copy of the call for evidence and associated documents (including a document looking at the potential impacts of the CESL proposals) can be found here: https://consult.justice.gov.uk/digital-communications/common- european-sales-law


As the website states:


The Call for Evidence seeks evidence about the European Commission’s proposed Regulation for a Common European Sales Law.


The Government has issued this Call for Evidence with the aim of obtaining evidence/views from UK interests to develop its future position on the proposed Regulation.


The Call for Evidence also seeks, where possible, specific statistical data and potential costs, benefits and risks of operating an alternative EU contract law regime for cross-border sales alongside national domestic laws in this area.


The proposed Regulation will apply in business-to-consumer and business-to-business contracts where one of the parties to the contract is a Small or Medium Enterprise.


The CLLS is currently considering the Call for Evidence document and is continuing to liaise with various stakeholders


on this issue. Legal Education & Training Review


The Training Committee recently published a briefing note on the Joint Legal Education and Training Review of the SRA, the Bar Standards Board and ILEX Professional Standards. (See http://www.citysolicitors.org.uk/FileServer.aspx?oID=1137&lID=0 for the paper). As the executive summary for the paper states:


• The “solicitor” qualification should be available only to those who have been trained to a high standard, as achieving excellence should be the ultimate aim for all solicitors if the public is to receive the service it deserves from the profession.


•


City solicitors (like specialist solicitors in a number of sectors of the profession) need to be able to offer “premium quality” service to demanding clients above any regulatory minimum so this must be capable of being recognised at all the stages of the training continuum.


• Law degree and GDL courses should be reviewed for content and consistent standards.


• A period of work-based learning must be retained as part of the solicitor’s qualification process.


• The consolidation of legal education providers carries risks which should be addressed.


• The mis-match between the number of students choosing to do the GDL/LPC in order to become solicitors and the number of traineeships available each year should be addressed.


•


There should be multiple entry points to becoming a solicitor.


Alternative Business Structures & Outcomes Focused Regulation


The CLLS is continuing to liaise with the SRA on various issues concerning the implementation of Outcomes Focussed Regulation (including responding to the SRA’s recent consultation on the regulation of international practice).


Consultations


In addition, some of the more recent consultations to which the CLLS Committees have responded have included:


DECC: “The Green Deal and Energy Company Obligation” (11D/886)


DCLG: “Community Infrastructure Levy: Detailed proposals and draft regulations for reform”


European Commission: “Review of the Current Regime for the Assessment of Technology Transfer Agreements”


ESMA: “Draft technical standards on the Regulation (EU) xxxx/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps” (ESMA 2012/30)


FSA: 2011 quarterly consultation (CP11/27)


HMT: Finance Bill 2012 draft clauses published on 6 December 2011 relating to controlled foreign company reform and the document “Controlled Foreign Company (CFC) – an update” published in January 2012


Insolvency Service: “Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up”


Markus Ferber MEP: Questionnaire on MiFID/MiFIR 2.


MoJ: “Fees in the High Court and Court of Appeal Civil Division” (CP15/2011); “Appointments and Diversity: ‘A Judiciary for the 21st Century’”


OFT: “Applications for leniency and no-action in cartel cases: OFT’s detailed guidance on the principles and process”; “OFT’s guidance as to the appropriate amount of a penalty: A consultation on OFT guidance”


SRA: “The regulation of international practice”; “SRA financial protection review”


Robert Leeder, Policy & Committees Coordinator, CLLS City Solicitor • Issue 77 • 9


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