Legal Services Bill [HL]

Perhaps I may add a word to this debate. I was interested to hear of the noble Lord’s visit to Scotland to find a precedent. This is in the financial ombudsman’s scheme already. The rules made by the ombudsman, with the approval of the FSA, have exactly this language. Rule 3.8.1(1), as no doubt the noble Baroness knows, says: "““In considering what is fair and reasonable in all the circumstances of the case, the Ombudsman will take into account the relevant law, regulations, regulators’ rules and guidance and standards””," codes of practice and so on, and, "““good industry practice””." So there is an English precedent for this. The only thing I thought that I might point out is that it has been construed to not mean exactly what you might think it means. To ““take into account”” means just that—he takes it into account, but is not bound by it. There is a decision, which the noble Baroness no doubt has been briefed on, in which a High Court judge here held that the overriding principle is that the ombudsman must decide what is fair and reasonable and that, if he thinks that the law does not produce that fair solution, what is fair and reasonable takes precedence. I thought that that might be of some interest.