The following content has been provided by the panel presenting on this topic during the afternoon on Day 2 of ICLR 2019.
This workshop will consider the following issues and topics:
- Consumers v clients
- Regulation, regulators and the regulated
- Empowering consumers
- Ethical questions and challenges for regulators, including NDAs
Michael Clancy OBE, Director Law Reform, Law Society of Scotland
Jolyon Maugham QC, Good Law Project
Sheila Kumar, Chief Exec, CLC
Why is this session of particular interest and to whom?
NDAs are highly topical – use of them by Weinstein/ Labour Party (UK political party) and a proposed crackdown on their misuse (particularly in employment disputes). Challenge for regulators is what to do about them – are the levers at hand sufficient? Should powerful entities use them to intimidate and coerce those less powerful into silence?
What do you hope to achieve with this session?
Lively debate about consumer/client dichotomy; how it all impacts regulation, regulators and the regulated.