The Relationship between Regulation, Disciplinary Action and Duties of Care - Roger Stewart KC

Roger Stewart KC suggests that there is lack of intellectual and legislative clarity as to the proper role of regulation and its benefits and costs. Regulation has a vital role in any society but also has substantial inherent problems. The lack of clarity can lead to regulators expanding their empires whilst ignoring core functions. Regulation also gives the Courts excuses to avoid difficult questions as to the proper role and extent of the common law. Bad regulation, bad enforcement and undue deference by the Courts can lead to enormous and unjustified costs.