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The ASA appointing a QC as chairman is not a surprise, Francesca Newland writes
Like it or not, British society and business are becoming increasingly shaped by litigation. So it follows that Lord Borrie, the new chairman of the Advertising Standards Authority, is a QC.
Philip Circus, the former legal affairs director of the IPA, calls the appointment a "volte face", although he is quick to add that he thinks Borrie will be the perfect chairman.
The reason that Circus, now the director of legal affairs at the Institute of Sales Promotion, is interested in Borrie's legal background is that three years ago he proposed to the ASA that its chairman should be a lawyer. He says: "When I suggested it there was a storm of protest. I felt it was important because procedures were becoming increasingly subject to judicial review."
The opposition to Circus' proposal centred on a feeling that a legal background could impede rather than understand and support a creative industry. Circus says: "One member of the ASA council wrote at that time that a lawyer would be totally inappropriate to head the ASA because he would have to have it explained what cornflakes are."
Hugh Burkitt, a member of the ASA council, remembers why it was felt three years ago that a lawyer would be inappropriate: "The ASA does not operate according to laws, but to the British Code of Advertising Practise. It is not written as law but as a set of principals that can be widely interpreted.
"It has to be true to the spirit of the codes and we try ...