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Publisher: OUP
Languages: English
Types: Part of book or chapter of book
Subjects:
This chapter analyses the manner in which the ADR Directive and ODR Regulation have been implemented in the UK, with a particular focus on the ombudsman sector. The chapter argues that in the UK implementation has been minimalist and that this represents a missed opportunity. The Directive is capable of laying the foundations for robust ADR, but the regulation of the sector looks deficient. As a result, there is a heightened risk that sub-optimal standards in the sector will go undetected which may in turn undermine user confidence. More work needs to be done to make the regulatory set-up a standard-bearer for the sector rather than a passive observer.
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    • E. The future for the regulation of ADR in the UK......................................28 1. A unified competent authority ............................................................28 2. Alternative sources of legitimacy.........................................................29 The future of ombudsman schemes: drivers for change and strategic responses, (Queen Margaret University, Edinburgh: 2013)
    • Hill Report, Report of the Working Group on Consumer and Competition Policy for Scotland. (Scottish Government, Edinburgh, October 2015).
    • Hodges, C., Benöhr, I. and Creutzfeldt-Banda, N. (eds), Consumer ADR in Europe (Hart Publishing, 2012).
    • Hodges, C. Modes of Redress for Consumers: ADR and Regulation, University of Oxford, Legal Research Paper Series, Paper No 48, July 2012, p.12.
    • Ministry of Justice, Civil Justice Statistics Quarterly: England and Wales, available at: https://www.gov.uk/government/statistics/civil-justicestatistics-quarterly-july-to-september-2015 The Collective Interest in Private Journal of Legal Studies 59 (2013) 59-80.
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