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From 30th July the daily editorial will be put on a blog as an archive. The RSS feed for this Insite Law Editorial blog is below...

 

 

 

 

28th July 2009

 

 

 

Lawcast 152: Lord Falconer on assisted dying and the new Supreme Court of the United Kingdom

Today I am talking to Lord Falconer, a former Lord Chancellor, about two important and interesting themes – assisted dying and his amendment to the Suicide Act defeated in the Lords recently and secondly his thoughts on the reasoning behind establishing a new Supreme Court and the direction it may, in time, take.

Lord Falconer became Lord Chancellor In 2003, with the remit of abolishing the office. His reform included the creation, for the first time, of a Supreme Court for the UK, the creation of a commission to appoint judges, making a full-time independent judge the Head of the Judiciary for England and Wales, and introducing an elected Speaker for the House of Lords.

Listen to the podcast


I do like a bit of irony… and in the wake of my podcast with Dan Hull of Whataboutclients? only last Saturday where Dan put forward his very strong views that bloggers and those who comment on blogs should identify themselves and not hide behind a cloak of anonymity – there is a certain delicious irony and schadenfreude (for anonymous bloggers?) in finding, only a day later,  that our best known blog commenter, the lovely LawMinx,  awarded Dan one of her LawMinx blog awards.

  Somerset Police to wear the veil?...
The news today that Avon and Somerset Police force is issuing its female officers with head coverings to be used in places of worship to improve relations with Muslim communities ( Independent ) prompted, I'm afraid, rather dark thoughts about all forms of religion,

Editor
Mike SP
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Editor pick of the day

Capitalists@Work: Her Majesty May Not Have a Lot to Say ...
.. but she's a pretty nice girl, and she does ask cracking questions - like, why did no-one forsee the recession in detail ?

So the British Academy have had a crack at the answer. In amongst the courteous waffle it is pleasing to note they finger the pressure for lax regulation (prop. G Brown) - which is not quite a reason why no-one forsaw how it would all end, but it deserves being said again and again....
More...

More Editorial:

  ICLR Law Reports and Profession News RSS feeds
I have built a widget to feed the ICLR Weekly Law Report cases directly to the right hand panel on the front page of Insite (Scroll down) . There is a searchable blog archive which should, in time, provide quite a useful resource.  The RSS feed provides the area of law, name of the case, date and the cases blog archive gives the summary.  The link on the law reports blog archive is searchable and the link takes you to the ICLR daily summary. There is a similar RSS feed for news from the profession on the right hand side.

On this day ...the 28th July

1540 Thomas Cromwell is executed at the order of Henry VIII of England on charges of treason . Henry marries his fifth wife, Catherine Howard , on the same day

1794 Maximilien Robespierre is executed by guillotine in Paris during the French Revolution

1865 Welsh settlers arrive at Chubut in Argentina

1943 – World War II: Operation Gomorrah : The British bomb Hamburg causing a firestorm that kills 42,000 German civilians


 

 

24th July 2009

  Lord Neuberger named Master of the Rolls
Times:The youngest of the law lords is to be the next head of England and Wales' civil justice system, Downing Street announced today. Lord Neuberger of Abbotsbury, 61, has been appointed the next Master of the Rolls and Head of Civil justice in a move that will trigger a new selection round for a judge to replace him.

  The Supreme Court: Contrasting themes US and UK

We thought this week  on Unsilent Partners that it would be interesting to look at the United States Supreme Court and contrast with a quick review of the new United Kingdom Supreme Court which opens for business in October.

Colin Samuels has written the section on the United States.  I plan to publish an overview of the UK Supreme Court shortly and I am doing two podcasts to supplement our coverage – first with Carl Gardner, author of the Head of Legal Blog and a former government lawyer and, second, with Lord Falconer, the former Lord Chancellor, who introduced the legislation to establish the new UK Supreme Court. The podcasts will be completed by Tuesday 28th July.

Unsilent Partners: The Supreme Court: Contrasting themes US and UK

Wikipedia: The UK Supreme Court

Unsilent Partners

 

Lawcast 149: Carl Gardner on the new UK Supreme Court and the issue of Law Officer's advice to the government

Today I am talking to Carl Gardner a former government lawyer and author of the Head of Legal blog about the new Supreme Court and the recent decision of Mr Justice Blake in HM Treasury v The Information Commissioner about the extent to which the law officers advice can be made public or discoverable under the freedom of Information Act.

Listen to the podcast

Head of Legal Blog: Law Officer's advice

HM Treasury v The Information Commissioner [2009]


 


Charon QC: Milburn: ‘Top jobs are open to too few'
Channel 4 reports: “Bright children from middle and working class families are missing out on professional jobs because of continuing “elitism”, a government-commissioned report warns. The report, by a cross-party panel chaired by former cabinet minister Alan Milburn, calls for urgent action to break “closed shop mentality” which, it says, still  characterises the professions in Britain.”

This is a tired old theme, but one worth looking at less emotively than through the rather mundane rhetoric of a politician possibly trying to please rank and file and constituents in the run up to an election.
More...

23rd July 2009

From today,all the law specific news from the main newspapers will be available directly in RSS feed format from a new Insite Law RSS news feed blog - in the panel below. I am putting together a news page to provide news feeds for Legal Week, The Law Society Gazette and Current Awareness from the Inner Temple. When you click a headline in the news feed widgets you will be taken straight to the news source and be able to read the news report in full.

Click here for the main news page resource

If you wish to check back for news you may have missed, you will be able to do so by visiting the Insite Law News feed blog. This will, in time, grow into a useful, searchable, news link resource should you ever have to check back on old legal news.


 

Lawcast 148: Charles Christian, Editor, The Legal Technology Insider on the future for technology in law

Today I am talking to Charles Christian founder and Editor of The Legal Technology Insider and the Orange Rag, an online blog the Insider. Charles won't, I am sure, mind my saying that he has been on the scene for a long time and it is fair to say that The Times description and I quote... "the definitive online resource for the latest news about legal technology" is spot on.

Why Charles Christian set up The Legal Technology Insider - The use of technology in the legal profession in the past 10 years - The impact of recession on the use of technology - the future for entrepreneurial barristers and solicitors - A kook into the future for technology in the legal profesion - The value and use of social media (Twitter/Facebook/Linkedin) for lawyers.

Listen to the podcast

Charon QC: Milburn: ‘Top jobs are open to too few'
Channel 4 reports: “Bright children from middle and working class families are missing out on professional jobs because of continuing “elitism”, a government-commissioned report warns. The report, by a cross-party panel chaired by former cabinet minister Alan Milburn, calls for urgent action to break “closed shop mentality” which, it says, still  characterises the professions in Britain.”

This is a tired old theme, but one worth looking at less emotively than through the rather mundane rhetoric of a politician possibly trying to please rank and file and constituents in the run up to an election.
More...

"I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me."

Hunter S. Thompson

 

 

Editor
Mike SP
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Editor pick of the day

 

Woman 'detained' for filming police search launches high court challenge
Guardian: Gemma Atkinson claims she was handcuffed after recording search of boyfriend on her mobile phone.

A woman is to challenge the Metropolitan police in the high court, claiming she was handcuffed, detained and threatened with arrest for filming officers on her mobile phone.

Lawyers for Gemma Atkinson, a 27-year-old who was detained after filming police officers conduct a routine stop and search on her boyfriend, believe her case is the latest example of how police are misusing counterterrorism powers to restrict photography.

More Editorial: 23rd July ...

 

 

22nd July 2009


Editor
Mike SP
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Editor pick of the day
21st July 2009

The Fat Bigot Opines: 38 Pall Mall please
Non-smokers might not know that different cigarettes have different flavours. My particular favourites are a medium tar product of the Camel stable.

Capitalists@Work: Sell in May 2009; no by George
The strategy of sell in May and go away is a city lore that comes true more often that not. Whilst the summer silly season lasts it is hard to see the markets move on low volumes. Just at the minute though, a renewed rally is taking shape. The FTSE was up all last week and the index is up again today, over 4500 to its highest level of the year....

More Editorial: 21st July ...



On this day ...the 21st July

1403 Battle of Shrewsbury : King Henry IV of England defeats rebels to the north of the county town of Shropshire , England

1545 – The first landing of French troops onto the coast of the Isle of Wight during the French invasion of the Isle of Wight occurs.

1861 American Civil War : First Battle of Bull Run – at Manassas Junction, Virginia , the first major battle of the war begins. The Confederate won

1918 U-156 shells Nauset Beach, in Orleans, Massachusetts . This is the first time that the United States is shelled since the War of 1812

1969 Neil Armstrong and Edwin "Buzz" Aldrin become the first men to walk on the Moon , during the Apollo 11 mission

1994 Tony Blair is declared the winner of the leadership election of the British Labour Party , paving the way for him to become Prime Minister in 1997

 

21st July 2009

  Coming up...
I have a new blog with US lawyer Colin Samuels (Unsilent Partners) where we look at topical legal issues from a UK and US perspective. Last week we write about assisted suicide and next week we plan to look at the US Supreme Court and our new Supreme Court contrasting the two.

Lord Falconer, the former Lord Chancellor knows a great deal about both these topics and I will be doing a podcaast with him on Tuesday 28th July to discuss his amendment to the Suicide Act and his thoughts on the new UK Supreme Court.

 




Editor
Mike SP
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Editor pick of the day
20th July 2009

Have turkeys ever voted for Christmas?

Peers line up to block House of Lords reforms
Independent: Only 9 per cent would support plan for fully elected second chamber

More Editorial: 20th July ...





On this day ...the 20th July

1304 Wars of Scottish Independence : Fall of Stirling Castle King Edward I of England takes the stronghold using the War Wolf

1903 Ford Motor Company shipped its first car

933 – Germany : Two-hundred Jewish merchants are arrested in Nuremberg and paraded through the streets

1944 – World War II: Adolf Hitler survives an assassination attempt (known as the July 20 plot ) led by German Army Colonel Claus von Stauffenberg

1947 – The Viceroy of India says the people of the Northwest Frontier Province overwhelmingly voted the previous day to join Pakistan rather than India

1982 Hyde Park and Regents Park bombings : The Provisional IRA detonates two bombs in Hyde Park and Regents Park in central London , killing eight soldiers, wounding forty-seven people, and leading to the deaths of seven horses.

 

 

20th July 2009

  We live in interesting and unusual times. Since the 6th October 2008 I have been doing the occasional *picture caption* or cartoon observing the events of the day. It is whimsy, nothing more. More often than not the picture captions go with a blog post, sometimes not.

Have a look at some of the caption pics / cartoons

 

Charon QC: Knowing when to stop digging….

Charon QC: 18 July: Postcard from Chancery Lane

 

“Negligence claims soar – worse to come”

“Professional negligence claims against solicitors are soaring, with one City firm reporting a 158% surge in cases over the past 12 months. And experts are warning that worse may be to come in the downturn, as solicitors are moved to areas with which they are unfamiliar…..

Sarah Clover, head of the professional and financial disputes team at City firm Barlow Lyde & Gilbert, said lawyers were ‘dabbling' in areas of law that were not their speciality. ‘Corporate lawyers are becoming corporate recovery lawyers, for example – a recipe for disaster if they get it wrong.

 

17th July

 

 


Editor
Mike SP
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Editor pick of the day
17th July 2009

Murder rate hits 20-year low
Independent: The murder rate in England and Wales is the lowest it has been for 20 years, according to annual crime figures released today. There were 136 fewer homicides – including murder, manslaughter and child killings - in 2008/9 compared to a year earlier, a fall of 17 per cent. The latest figures for 2008/09 are down to a low of 648, a fall of 26 per cent since 2002/03.

Geeklawyer reviews BabyBarista book
Baby Barista – the witness statement

More Editorial: 17th July ...



Supreme Court shows its colours

Times: The new court's refurbished building has cost nearly £60 million. It's light, bright – and ready to welcome the public

Supreme Court Building | Supreme Court web information

 

 

Simon Myerson QC names, shames and acclaims
Simon Myerson in his excellent Pupilllage and How To Get It blog collates comments from BVC students about the pupillage interview process. He names those Chambers where students made adverse or negative comments in his surevey and gives full credit to Chambers where students had a rather more pleasant experience.

This is a must read - especially if you are a member of a set named and shamed or a prospective Bar student / pupil.


On this day ...the 17th July

1402 – Zhu Di, better known by his era name as the Yongle Emperor , assumes the throne over the Ming Dynasty of China .

1717 – King George I of Great Britain sails down the Thames River with a barge of 50 musicians, where George Frideric Handel 's Water Music is premiered.

1762 Catherine II becomes tsar of Russia upon the murder of Peter III of Russia

1815 Napoleonic Wars : In France, Napoleon surrenders at Rochefort, Charente-Maritime to British forces

1918 – On the orders of the Bolshevik Party carried out by Cheka , Emperor Nicholas II of Russia , his immediate family and retainers are murdered at the Ipatiev House in Ekaterinburg, Russia

1989 – First flight of the B-2 Spirit Stealth Bomber.

 

16th July 2009

 

Unsilent Partners (2: )The legalo-ethics position on assisted suicide
Mike Semple Piggot

I was talking to Colin Samuels about the amendments to our law on suicide being put forward by Lord Falconer - an amendment which failed to pass scrutiny in the House of Lords. We thought it would be interesting to debate this issue, comparing and contrasting the position taken in the United Kingdom and in the parts of the United States.

As always - we welcome your contribution to knowledge, analysis and discussion in the comments section.  I set out the current position, as best as I can, in the United Kingdom with a few observations.Colin Samuels analyses the position in the United States.

Read the blog posts and join the discussion?

Editor
Mike SP
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Editor pick of the day
16th July 2009

Bar Council
Family Legal Aid Plans Torn Apart in Damning Justice Select Committee Report
(15 July 2009)
Legal Services Commission proposals to cut legal support for vulnerable children and families have been savaged in a damning report from the all-party Justice Select Committee.

John Bolch, Family Lore: Barely Functioning
Following Sir Mark Potter's recent comments regarding the crisis in the family courts, I requested an interview with His Honour Judge Polden, the designated Family Law Judge for Kent, on the subject. I chose him because I have always practised in Kent and therefore know something about the courts in this county. He declined the interview. Perhaps this is not entirely surprising, given the state of some of the courts over which he presides.


On this day ...the 16th July

622 – The beginning of the Islamic calendar .

1661 – The first banknotes in Europe are issued by the Swedish bank Stockholms Banco .

1935 – The world's first parking meter is installed in Oklahoma City, Oklahoma

1969 Apollo program : Apollo 11 , the first manned space mission to land on the moon , is launched from the Kennedy Space Center at Cape Canaveral , Florida .


 

 

 

 

15th July 2009

Editor
Mike SP
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Editor pick of the day
15th July 2009

Thumbs up from teachers and pupils as justice system is brought to life online
Ministry of Justice: 13 July 2009
The preview site for an innovative web based teaching resource designed to bring the justice system alive for pupils was unveiled today by Justice Minister Bridget Prentice and the Attorney General

Abuse video shown at public inquiry into British Army interrogation of Iraqis
Times: Screaming obscenities, a British soldier hauls the hooded Iraqi detainee off the floor and forces him to lean, legs bent, against a wall as other captives, sacks over their heads and wrists bound with tape, groan in discomfort.

More...

On this day ...the 15th July

1099 First Crusade : Christian soldiers take the Church of the Holy Sepulchre in Jerusalem after the final assault of a difficult siege

1381 John Ball , a leader in the Peasants' Revolt , is hanged, drawn and quartered in the presence of Richard II of England

1685 James Scott, 1st Duke of Monmouth is executed at Tower Hill , England after his defeat at the Battle of Sedgemoor on 6 July 1685

1799 – The Rosetta Stone is found in the Egyptian village of Rosetta by French Captain Pierre-François Bouchard during Napoleon 's Egyptian Campaign

1815 Napoléon Bonaparte surrenders aboard HMS Bellerophon

1838 Ralph Waldo Emerson delivers the Divinity School Address at Harvard Divinity School , discounting Biblical miracles and declaring Jesus a great man, but not God. The Protestant community reacts with outrage


 

 

 

14th July 2009

Nick Jarrett-Kerr: Radical Proactivity: A five point plan

Nick Jarrett-Kerr's blog

Jarrett-Kerr Consulting

 

Lawcast 147: Nick Jarrett-Kerr's five point plan on Radical proactivity for law firms in the present recession

Today I am to talking to Nick Jarrett-Kerr, a former managing partner of Bevan Ashfoird and more recently a leading management consultant and author on law firm management and development. Nick Jarret-Kerr now practises as a management consultant through his own firm Jarrett-Kerr Consulting.

I quote from a recent newsletter Nick sent out to clients...In many countries, law firms are noticing some flickering lights at the end of the tunnel. Relieved by the hope of better things to come, the instinctive reaction of law firm leaders is still to remain in defensive mode until they have experienced a few better quarters of trading activity.

We discuss the five point plan for Radical proactivity:

1. Remodel the firm’s infrastructure and platform
2. Rebuild Esprit de Corp
3. Cross-selling revisited – the ‘carrot and stick’ approach
4. Revitalise your core teams
5. Make a radical strategic move

Listen to the podcast


  Gordon Brown issues demand for more Afghan troops in Helmand province
Guardian: PM says Afghan soldiers must hold ground taken by British forces


Law News 14th July

Judge secures injunction against 'snarling' dogs next door
Telegraph: District judge Araba Obodai has found herself on the other side of the court for the last 18 months over a long-running feud with her neighbour over his Doberman dogs.

Virgin Atlantic chief Steve Ridgway admits he knew of conspiracy with BA to fix prices
Times

Organised crime costs country £40bn a year
Independent: There are about 30,000 criminals in organised crime gangs, costing the UK up to £40 billion every year, an official report warned yesterday.

More law news: 14th July... and in right hand News panel...

 



  Boring barristers?… some are far from boring… BabyBarista and the Art of War

Marcel Berlins has stirred things up with his article in the Guardian suggesting the modern advocates lack the flair and atistry of their forebears…. and suggests that modern barristers are boring.

I don't want to discuss advocacy or, indeed, the wider question of whether modern barristers are or are not boring.  What I want to write about is a barrister who is definitely not boring and that barrister is BABYBARISTA.

I don't know the name of the vintner that author of BabyBarista Tim Kevan uses… but I am going to ask him… because whatever he was drinking as he plotted out and wrote BabyBarista and The Art of War. .. I want some… it certainly does the business.

Tim Kevan, who is a Cambridge  man and a barrister himself (although for the present he has gone surfing and writing),  has created a marvellously mendacious manipulating monster for the 21st Century in the form of BabyBarista who plots, lies, and manipulates his way through the twelve months of pupillage to try and defeat TopFirst, TheWorrier, BusyBody and late entrant ThirdSix to gain the coveted tenancy.

When I was at university in the early seventies I read Brothers-in-Law, AP Herbert, Megarry and then read the entire Rumpole series written by Sir John Mortimer QC in the Eighties.  BabyBarista follows this fine lineage but does not try to copy it – quite the opposite.  Tim Kevan weaves colour and story through brief description and good narrative and is bang up to date on his cliches (which I suspect are deliberate to parody pre and misconceptions)  and icons of  the modern world of blogs, Twitter and Facebook .   He paints a wonderfully surreal picture of the Bar, stretching belief but at the same time leaving the reader wondering where the inspiration came from.  We meet his pupil master TheBoss – a man with absolutely no spine who, shall we say, gets into some pretty difficult water.  There is TheVamp – a woman I could probably enjoy  meeting myself in all senses of the word, UpTights – not my type, OldSmoothie – a pretty hopeless case and the avuncular “Feel the force, Luke”  character of OldRuin – the only truly honest barrister in the entire book – apart from the lovely Claire.

I liked the way Tim used his experience of practice to parody different scenarios, different styles of work and personality, and some of the changes the legal profession is going through.  His section on claim farms and their handling of accident claims is just wonderful.  We have a judge who plays online bridge during hearings, an Insurance company which settles cases with a barrister by playing Battleships – the old game from childhood – and we have general mayhem and riot.  I was left hoping for more extreme behaviour from BabyBarista in his quest for pupillage, conscious that I was rooting for an appalling role model for the legal profession and I enjoyed every page.  Cleverly, Tim grounds the entire book with the sub-text of SunTzu, The Art of War .

As with all authors there is the obligatory “All characters and events in this publication, other than those clearly in the public domain are fictitious and any resemblance… etc etc..”

I'm sure this is the case -  but I couldn't help putting a face to some of his characters from people I have met in my lifetime.   This, of course, made it even more enjoyable for me.  Roll on the next book.

BabyBarista is a Hogarthian romp, a parody, a satire with edge and I have no hesitation in finding for Tim Kevan and recommending it to you.  Tim Kevan, a fellow blogger and friend,  has done the business… and that,  as my regular readers will have gathered, is my legion d'honneur … my highest accolade.. and it made me laugh… out loud..  as I read it lying in state on my futon with a bottle of  Rioja to my left.

Charon QC



Editor
Mike SP
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Editor pick of the day
14th July 2009

This is a truly excellent story - and rather amusing... I'm with the Black Cab drivers on this onee... some minicabs are a menace.

The black cab cabal
Independent: They may be a symbol of London, but black cabbies are resorting to French-style direct action to protect their business from minicabs and meddling politicians. Michael Savage explains why the meter is ticking

 

More...

On this day ...the 14th July

Bastille Day

1789 French Revolution : Citizens of Paris storm the Bastille and free seven prisoners.

1881 Billy the Kid is shot and killed by Pat Garrett outside Fort Sumner

1933 Gleichschaltung : In Germany , all political parties are outlawed except the Nazi Party

2002 French President Jacques Chirac escapes an assassination attempt unscathed during Bastille Day celebrations.

2003 – The United States Government admits to the existence of " Area 51

 

 




 

14th July 2009

Charon QC...

11 July: Postcard from The Good Ship DOOMED | Afghanistan… winning the ‘unwinnable' war…and the peace. |

Enough law…


13th July 2009


Editor
Mike SP
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Editor pick of the day
13th July 2009

Capitalists@Work: Gordon's Strategy Captured: "Extend & Pretend" Americans are so good at coining really excellent phrases and here's a cracker, perfectly capturing Brown's strategy for dealing with the financial crisis ...

Extend and Pretend

... meaning, to push a problem out into the future, close your eyes to the inevitable, and kid yourself everything will be all right.

More...

On this day ...the 13th July

1174 William I of Scotland , a key rebel in the Revolt of 1173-1174 , is captured at Alnwick by forces loyal to Henry II of England

1919 – The British airship R34 lands in Norfolk , England , completing the first airship return journey across the Atlantic in 182 hours of flight.

1985 – The Live Aid benefit concert takes place in London and Philadelphia , as well as other venues such as Sydney and Moscow

 

 




 

13th July 2009

John Bolch, Family Lore
The Life of a Family Lawyer


Charon QC...

11 July: Postcard from The Good Ship DOOMED

Afghanistan… winning the ‘unwinnable' war…and the peace.

Enough law…

 

 

 

 

10th July 2009

 

Editor
Mike SP
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Editor pick of the day
10th July 2009

Was British diplomat set up by the Russian secret service?
Independent: Official filmed having sex with prostitutes may have been victim of 'honey trap'

The Foreign Office says it is fed up with "silly jokes" about "from Russia with love". The official line is that there are far too many real problems in places like Iran and Afghanistan to spend time worrying about a junior diplomat being indiscreet in the Urals.

More...

On this day ...the 10th July

988 – The city of Dublin is founded on the banks of the river Liffey

1553 Lady Jane Grey takes the throne of England

1821 – The United States takes possession of its newly bought territory of Florida from Spain

1940 World War II : Vichy France government is established.

1940 – World War II: Battle of Britain – The German Luftwaffe begin to hit British convoys in the English Channel thus starting the battle (this start date is contested, though).

1991 Boris Yeltsin begins his 5-year term as the first elected President of Russia .

 

 

9th July 2009

 

Petition on tax liability

" We the undersigned petition the Prime Minister to retain the HMRC practice of equitable liability."

If you practice law, and even if you don't, you may be interested in supporting this petition sponsored by a Chancery barrister.

The following links explain more. http://snipurl.com/mfvej | http://snipurl.com/mfsw9 | http://snipurl.com/mfwuy

With power comes responsibility.

The College of Law and BPP Law School are the leading providers of vocational legal education in the United Kingdom.  Between them they train the majority of students who study law at Graduate Diploma in Law level and who wish to qualify to practice law as a solicitor or barrister.  Both institutions now have degree awarding powers, powers granted by the Privy Council recently.

Neither institution is subject to the Freedom of Information Act , unlike Universities.  The College of Law is a registered charity and BPP Law School is part of a PLC – although they will soon, if the acquisition  by Apollo goes through , be part of a successful american company.

Interestingly, in podcasts with both Nigel Savage of The College of Law and Peter Crisp, Chief Executive of BPP Law School, both CEOs have told me that they would be prepared to provide information equivalent to that available from universities under FOI requests if asked.

Well…  I have asked. I have asked both The College of Law and BPP Law School if they are prepared to publish the assessors's reports on their institution which were provided to the Privy Council by the QAA; reports which led to The College of Law and BPP Law School  being given the power to and the privilege of  awarding degrees; enabling them to compete with universities in the provision of law and, in fact, any other degrees they wish to provide a course for.

Are the College of Law and BPP prepared to publish?
The College of Law will. BPP have declined to do so. Full report on my Charon QC blog


Murdoch papers paid £1m to gag phone-hacking victims
• News of the World bugging led to £700,000 payout to PFA chief executive Gordon Taylor
• Sun editor Rebekah Wade and Conservative communications chief Andy Coulson – both ex-NoW editors – involved
• News International chairman Les Hinton told MPs reporter jailed for phone-hacking was one-off case
Guardian

Law News 9th July

Just 96 months to save world, says Charles
Independent: The price of capitalism and consumerism is just too high, he tells industrialists

Joint enterprise law means even bystanders can get life
Times: Even bystanders can find themselves convicted of murder under a legal doctrine known as “joint enterprise”. The centuries-old principle enables gang members to be prosecuted for a murder even when there is no evidence as to who inflicted the fatal blow

We're not out of the woods – G8 leaders fear double dip slump
Guardian: Leaders agree five-point plan to boost growth amid concern that global economy needs help to avoid further recession

More law news: 9th July... and in right hand News panel...

 

 

 


Sex on duty officer spared jail
BBC: A Metropolitan Police officer who had sex with a vulnerable woman while supposedly checking on her welfare has avoided going to jail

More law news: 9th July... and in right hand News panel...



  Revealed – the secret torture evidence MI5 tried to suppress
Guardian: MP David Davis's dramatic parliamentary move exposes treatment of terror suspect

On the assumption that what David Davis said, using the protection of parliamentary privilege, is true, this raises a number of rather worrying issues

1. The extent to which the Prime Minister, Foreign Secretary (MI6), The Home Secretary (MI5) and the Justice Secretary were aware of the use of torture by Mi5 – and the rest of the Cabinet?

2.  If they were aware of the use of torture indirectly (or directly) by our own security services did they sanction it?, approve it? turn a blind eye to it? or call for it to stop?...

Read the article...

More Editorial: 9th July ...



Editor
Mike SP
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Editor pick of the day
9th July 2009

Ex-Murdoch editor Andrew Neil: News of the World revelations one of most significant media stories of our time

Guardian: Former Sunday Times editor says tabloid did not have a public interest defence and Andy Coulson has questions to answer

One of Rupert Murdoch's former leading editors said last night the Guardian's revelations of the News of the World's phone hacking represented one of the "most significant media stories of modern times".

***

White Rabbit: Suddenly there's a lot of it about

More...

On this day ...the 9th July

1540 Henry VIII of England annuls his marriage to his fourth wife, Anne of Cleves

1816 Argentina declares independence from Spain

1900 Queen Victoria gives royal assent to an Act creating the Commonwealth of Australia thus uniting separate colonies on the continent under one federal government

1958 Lituya Bay is hit by a mega-tsunami . The wave is recorded at 524 meters high, making it the largest wave in history.


 

 

8th July 2009

 

From Simon Myerson QC's blog Pupillage and how to get it.

This is from Counsel magazine but Simon Myerson thinks thinks it deserves the widest possible circulation. I agree.

"Derek Wood QC is conducting the review of pupillage. He is having a drinks reception on Monday 13th July in Lincoln's Inn at 530pm. If you are a pupil, or a recently completed pupil, you should have had an invitation. If not then get in touch with Andrea Clerk at the BSB – aclerk@barstandardsboard.org.uk – and go along.

The review is genuinely interested in your experiences and your thoughts. So make sure that those conducting it know what they are. And ask for an amnesty for pupil bloggers… "

 

7th July 2009

Editor
Mike SP
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Editor pick of the day
7th July 2009

Ministry of Justice

Licence recalls and returns to custody: audit of licence revocation
06 July 2009
Justice Secretary Jack Straw has made a statement on offenders released from prison who have been recalled and who have not yet returned to custody.

1,000 criminals still on the run from prison
Independent: Almost 1,000 criminals who should have been returned to prison are still at large, it was revealed yesterday. Among those still on the run are 20 murderers, 15 rapists and 140 burglars, the Ministry of Justice said.Police forces have launched an urgent search for the most serious violent and sexual offenders - including five paedophiles.

Simon Myerson QC: Pupillage and How to Get It

Wall of Shame: Buttress of Acclaim

"Sometimes what you tell me is distressing. The treatment of applicants by Chambers is one of those times. There are simply too many stories out there of people who are notified of failure very late or not at all. The rudeness is unacceptable and the disorganisation thus implied is incomprehensible. There are also too many refusals to provide feedback when it is asked for. You deserve better.

List the defaulters below. I will publish a list. And do feel free to say what you think. "

More...

On this day ...the 7th July

1456 – A retrial verdict acquits Joan of Arc of heresy 25 years after her death.

1865 American Civil War : four conspirators in the assassination of President Abraham Lincoln are hanged.

1980 – Institution of sharia in Iran

2006 – The Western Black Rhinoceros is declared extinct due to poaching.

 

 

 

 

Lawcast 146: Jane Lambert, Barrister, on the issues facing the Bar today

Today I am talking to Jane Lambert, a barrister who specialises in Intellectual property law. Jane attended by telephone the special Bar Council consultation on 26 June 2009, took some fairly detailed notes and contributed to the debate.

The Bar, as with the solicitors side of the profession, is experiencing the rigour of the most severe recession since World War II and now has to contend with a changing legal landscape with the advent of alternative business structures and other changes following the coming into force of the Legal Services Act. It would appear that the Bar may still be behind the curve on these changes...

Listen to the podcast


Editor
Mike SP
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Editor pick of the day
8th July 2009

From Tom Harris MP's blog...
Closer my God to thee

"I OVERHEARD a rather unkind reference to the denizens of the Upper House this evening:

Labour Lord: "We're voting on assisted dying tonight – putting old people out of their misery."

Labour MP: "Turkeys voting for Christmas, then?"

In the end they didn't. Vote for Christmas, I mean."

And this, from Scott Greenfield of Simple Justice, is PURE GOLD about Twitter...

Unfollowed in St. Louis

 

On this day ...the 8th July

1853 Commodore Perry sails into Tokyo Bay

1889 – The first issue of the Wall Street Journal is published

1947 – Reports are broadcast that a UFO has crashed landed in Roswell, New Mexico

1999 Allen Lee Davis is executed by electrocution by the state of Florida , the last use of the electric chair for capital punishment in Florida

 

 


6th July 2009

 

The Times had an amusing article: Hitler?  he got things done…

Suicide
Lord Falconer is championing the cause of those who assist the terminally ill with suicide – to my mind a perfectly reasonable cause to give dignity to those who wish to end their lives because of ilness and pain yet who do not wish to bring harm through prosecution to those who assist them.  Times

Comment...

 

 

More Editorial: 6th July ...



Editor
Mike SP
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Editor pick of the day
6th July 2009

John Bolch Family Lore podcast

Today I am speaking to Marilyn Stowe, senior partner in Stowe Family Law and one of Britain's best known divorce lawyers. Apart from being one of the most sought after divorce lawyers in the country, Marilyn has written two books, regularly writes articles for national newspapers and magazines, appears frequently on television and radio, and is the author of the Marilyn Stowe Blog . Topics covered include reforms to the family justice system, the recent cases of McFarlane and Radmacher and Mr Justice Coleridge's views on family breakdown. The podcast can be found here .

Simon Myerson QC: Pupillage and How to Get It

Wall of Shame: Buttress of Acclaim

"Sometimes what you tell me is distressing. The treatment of applicants by Chambers is one of those times. There are simply too many stories out there of people who are notified of failure very late or not at all. The rudeness is unacceptable and the disorganisation thus implied is incomprehensible. There are also too many refusals to provide feedback when it is asked for. You deserve better.

List the defaulters below. I will publish a list. And do feel free to say what you think. "

More...

On this day ...the 6th July

1189 Richard the 1st ( Richard the Lionheart ) is crowned King of England

1483 Richard III is crowned King of England.

1535 Sir Thomas More is executed for treason against King Henry VIII

1785 – The dollar is unanimously chosen as the monetary unit for the United States

1967 Biafran War : Nigerian forces invade Biafra , beginning the war

 

 

2nd-5th July 2009

 

Speeding motorcyclist jailed after policeman uses Google to expose lies
Telegraph: A speeding motorcyclist has been jailed after a traffic policeman used Google to expose his false claims that an American woman had been riding his bike at the time.

Wife to appeal divorce ruling that she pays £5m of ex-husband's debt
Telegraph: The wealthy ex-wife of a property tycoon is seeking to overturn a divorce judge's ruling that she pay her ex-husband £5 million to cover half the losses he has suffered due to the recession in a test case.

 

Law News 2nd July

Sarcastic, rude: is this the way to question child witnesses?
Times

Eurojust, the EU fraud body, fails to fulfil its brief
Times

NHS faces huge claim for damages
BBC

Treasury faces legal action over 'dirty' banking investments
Guardian




Editor
Mike SP
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Editor pick of the day
2nd July 2009

Amending the law on the DNA database needs proper scrutiny
David Pannick QC

Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently convicted, is kept on the national DNA database for an unlimited period of time. The Government has accepted the judgment of the European court and announced that it will change the law to ensure compliance. But its proposed method of doing so is unsatisfactory and needs reconsideration.

More...


On this day ...the 2nd July

626 – In fear of assassination, Li Shimin ambushes and kills his rival brothers Li Yuanji and Li Jiancheng in the Incident at Xuanwu Gate . On September 4 , Shimin's father abdicates in his favour and Shimin becomes Emperor Taizong of Tang , Emperor of China

1644 English Civil War : the Battle of Marston Moor

1698 Thomas Savery patents the first steam engine

2003 Silvio Berlusconi , Prime Minister of Italy, insults German MP Martin Schulz by calling him a " kapo " during a session of the European Parliament.

 

 

 

 

 

 

 

1st July 2009

 


PM warned that elevation of Michael Martin could damage Lords
Guardian: Michael Martin , the former Speaker of the Commons, was today elevated to the House of Lords despite a warning from the independent appointments commission that his presence could "diminish" the upper house. In an unprecedented move, the commission wrote to Gordon Brown to warn that Martin's conduct in recent months, which led him to become the first Speaker of the modern era to be forced out, could damage the Lords' reputation.

Army faces 20 more abuse claims from Iraqi civilians
Independent: High Court to hear cases against soldiers accused of shootings and beatings

Last rites for ID cards read by Johnson
Independent: Britons will no longer be required to register for identity cards, says Home Secretary

 

Law News 1st July

Times: Sharia courts: are their rulings breaching British law?

Times: Bernard Madoff gets 150 years in prison

Independent:Skip fall man set to receive £1m damages

Independent:Boxing OAP batters knife-throwing burglar

More law news....1st July... and in right hand News panel...





Editor
Mike SP
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Editor pick of the day
1st July 2009

Tom Harris MP: Dave predicts a riot

"DAVID Cameron claimed yesterday that Labour "dishonesty" over the need for spending cuts could result in rioting on the streets .

What a clown. I'm sorry — I was going to attempt some deeper analysis, but what's the point? If  the Leader of Her Majesty's Opposition thinks that it's okay to excuse in advance acts of violence against a democratically-elected government, then he's an idiot...."

More...


On this day ...the 1st July

1690 Glorious Revolution : Battle of the Boyne as reckoned under Julian calendar

1837 – A system of the civil registration of births , marriages and deaths is established in England and Wales

1867 – The British North America Act, 1867 takes effect as the Constitution of Canada , creating the Canadian Confederation ; John A. Macdonald sworn as first Prime Minister

916 World War I : First day on the Somme – On the first day of the Battle of the Somme 20,000 soldiers of the British Army are killed and 40,000 wounded

1942 World War II : First Battle of El Alamein

1999 – The Scottish Parliament is officially opened by Queen Elizabeth on the day powers are officially transferred from the old Scottish Office in London to the new devolved Scottish Executive in Edinburgh

 

 

 

 

 

 

Editorials June 2009

 

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