30th June 2009
Inner Temple / Middle Temple Library proposal
Madoff sentenced to 150 years in prison
Financial Times: Cheers erupted in the Manhattan federal courthouse on Monday as Bernard Madoff was sentenced to 150 years in prison, the maximum possible under law, for running a $65bn Ponzi scheme that has devastated thousands of investors around the world.
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Engineer wounded in Iraq claims for damages
Times: An engineer wounded in Iraq brought a landmark claim for damages yesterday against the Ministry of Defence and a private consultancy in a move that could pave the way for other civilians injured in war zones to sue their employers.
Tycoon faces jail over lost millions in divorce case
Independent: Scot Young, 'worth £400m in 2006', tells High Court property empire had collapsed
Warning: Britain faces new recession
Independent: Economy set to relapse into dreaded 'double-dip' downturn, say world's central bankers |
More law news....30th June... and in right hand News panel...
Editor
Mike SP
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Editor pick of the day
30th June 2009
Commons clerk raises legal obstacle to Westminster 'clean-up' Bill
Times: "The Government's attempt to replace self-regulation of MPs' financial affairs by a new independent regulator faces an unexpected challenge. Ministers hope to push the Parliamentary Standards Bill through the Commons in three days this week. But they face the challenge of an outspoken memorandum by Malcolm Jack, Clerk of the Commons. This questions ministerial claims about the Bill's impact on parliamentary privilege: MPs' long-disputed right to free speech without the threat of judicial action as enshrined in the Bill of Rights of 1689".
Yet another example of speed and not enough though.
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29th June 2009
The College of Law has asked me to present a series of 10 Podcasts on current legal issues which while aimed at prospective members of the profession will be of interest to qualified lawyers and non-lawyers who are interested in law alike. I'm delighted to work with The College on this project and quite apart from enjoying working with the College of Law multi-media team , I get to do it in a very snazzy radio studio over in Bloomsbury and get to interview some interesting guests.
I'll publish the guest list as soon as it is firmed up but there are some fascinating people in our plans and it will be a most enjoyable series for me to be involved with. We record the series in July and early August and they will go live on the College of Law website in September. My style is exactly the same as my own podcasts. The sound quality is, of course better and they even have a signature tune for the series!
Listen to the first podcast with Des Hudson, Chief Executive of The Law Society talking with me about the opportunities and threats to the profession in relation to outsourcing in India, legal aid, Best Value Tendering and the shape of the profession under the Legal services Act coming in now with alternative business structures. Des Hudson knows his stuff and this will be of interest to practitioners as well of that I am confident.
Episode 1: Des Hudson, Chief Executive of The Law Society
Magic fades for Clifford Chance with Americans on brink of centre stage return
Times: Clifford Chance is at risk of being knocked off its pillar as the world's biggest law firm by an American rival as the balance of power in global legal services shifts from London back to the United States.
Rothschild and Freshfields founders linked to slavery
Two of the biggest names in the City of London had previously undisclosed links to slavery in the British colonies, documents seen by the Financial Times have revealed.
Financial Times : Nathan Mayer Rothschild , the banking family's 19th-century patriarch, and James William Freshfield, founder of Freshfields , the top City law firm, benefited financially from slavery, records from the National Archives show , even though both have often been portrayed as opponents of slavery. |
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Lawyers slam EU skills ruling
Times: A GROUP of the City's largest law firms are up in arms over government changes to employment law that prevents them hiring talent from outside the European Union.
MPs condemn police tactics at G20 protest
Guardian: Keep untrained officers off frontline at demos, says highly critical Commons committee report
More law news....29th June... and in right hand News panel...
Editor
Mike SP
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Editor pick of the day
29th June 2009
The Fat Bigot Opines: Lawyers and lies
"In my last offering I relayed an anecdote from the dim and distant past, a snippet of my life as a barrister of moderate ability. It prompted a comment from one of the innumerable Messrs Mous. In a nutshell he alleged that lawyers lie for money. This is not just a matter of semantics, it is a matter of substance, so I want to explain why he is wrong. What I am about to say does not ignore that some lawyers break the rules...."
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28th June 2008
Conservative MPs ordered to repay another £125,000
Independent: Crackdown continues with 41 members in the firing line
Top judge demands severe sentences for traitors
Independent: Offences of treachery must be met with severe deterrent prison sentences to provide protection for members of the armed forces who risk their lives for the country, the Lord Chief Justice said today. |
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BBC expenses: fizz, flowers and private plane, but not a duck island in sight
Guardian: Thompson flights among £360,000 of expenses claims by top executives
More law news....26th June... and in right hand News panel...
A series of podcasts on Civil Liberties - and the right to a fair trial
Roger Smith, Directr of Justice, writing in this week's edition of The Law Society Gazette has a thoughtful piece called Acts of Folly and states: "New Labour's anti-terrorism legislation has proved ill considered and unnecessary.
He adds.."We should remove the ban on the use of intercept evidence. It is the reason why, in at least some cases, the government cannot get a criminal conviction."
I have completed a series of three podcasts on the right to a fair trial from three different perspectives....
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Lawcast 145: Diane Abbott MP on the use of secret evidence
Today I am talking to Diane Abbott, Labour MP for Hackney North and Stoke Newington about her latest campaign to prevent the use of "secret" evidence in UK courts.
Earlier in the year Diane tabled an early day motion (EDM) declaring "that this House believes the use of secret evidence in UK courts is fundamentally wrong", and calling on the government "to begin an immediate independent review into the use of evidence that is not ever heard by the defendant or their lawyer but which is used to justify indefinite detention, severe bail conditions or control orders".
Listen to the podcast
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Read Carl Gardner on
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Lawcast 141: The House of Lords judgment on control orders
Today I am talking to Carl Gardner, ex government lawyer and author of the Head of Legal blog about the House of Lords judgment in Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action
Lord Pannick, QC represented the lead appellant, AF Since the Home Secretary can no longer impose control orders without telling the controlees the substance of the case they have to meet, the right decision legally and politically would be to abandon the discredited control order regime and concentrate on prosecuting in the criminal courts those against whom there is evidence of wrongdoing."
We also cover Diane Abbot MP's campaign about secret evidence
Listen to the podcast
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Lawcast 143: On the importance of Jury trials
Four men accused of being part of a gang that stole £1.75 million in a raid at Heathrow face the first criminal trial without a jury in England and Wales for 400 years after an historic Court of Appeal decision on Thursday
The Times reported The ruling means that the new trial, which would normally be tried by a jury, will be the first of its kind in England and Wales under legislation that took effect in 2003 to prevent jury nobbling. The only other judge-only trials for serious cases, known as Diplock trials, have been in Northern Ireland.
Today I am talking to Tim Kevan, a barrister, author of the babybarista blog and forthcoming BabyBarista book and co-founder of the legal training company CPD Webinars".
Listen to the podcast
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Editor
Mike SP
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Editor pick of the day
26th June 2009
Capitalists@work: The Banks Always Knew The Score
. . . so failure is culpable
It has long been our contention that the risk-management functions within the b anks always knew the score. If evidence is needed, look no further than this solid GS presentation , which provides an excellent aide memoire for anyone interested in risk management. Non-execs of bank s, please note.
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25th June 2009
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Lawcast 145: Diane Abbott MP on the use of secret evidence
Today I am talking to Diane Abbott, Labour MP for Hackney North and Stoke Newington about her latest campaign to prevent the use of "secret" evidence in UK courts.
Earlier in the year Diane tabled an early day motion (EDM) declaring "that this House believes the use of secret evidence in UK courts is fundamentally wrong", and calling on the government "to begin an immediate independent review into the use of evidence that is not ever heard by the defendant or their lawyer but which is used to justify indefinite detention, severe bail conditions or control orders".
Listen to the podcast
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Tehran 'like a war zone' as ayatollah refuses to back down on election
Reports militia drafted in and paid to beat protesters
Ministers threaten to cut diplomatic ties with UK
Guardian
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"They beat a woman so savagely that she was drenched in blood and her husband fainted. They were beating people like hell. It was a massacre," she said."
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Creating law: from a blank sheet of paper to justice from the bench
The Times: Should people who have been seriously wronged by the State whether the police or a care home be able to obtain redress in the shape of compensation?
King warns of the 'long hard slog' to clear Britain's debt
Independent: Governor of Bank of England's attack on 'truly extraordinary' deficit fuels tension with Chancellor
More law news....25th June... and in right hand News panel...
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Woman with prosthetic arm forced to work 'out of sight' in storeroom
Independent: Law student felt humiliated by clothing retailer, tribunal told
The Independent reports today that a law student with a prosthetic arm was forced to work in the storeroom of the clothing retailer Abercrombie & Fitch because she did not fit with the company's strict "looks policy", a tribunal heard yesterday.
I know the retailer Abercrombie & Fitch but, frankly, after reading this, it is unlikely that I would wish to use their products. Their website shows a fit buff young man - of appeal to the laydees and gays, no doubt, and their pitch is clearly towards the so called 'beautiful hoorays'. They have a 'flagship' store in Burlington Gardens. |
What I find particularly distasteful about this is that Abercrombie & Fitch gave Riam Dean a job, presumably aware of her prosthetic arm (she was born withoutn a forearm) and then shunted her into a stockroom because the cardigan she was required to wear did not fit the Abercrombie" look.
The Indie notes: "But she says she was later removed from her sales position and made to work in the storeroom, out of the view of customers, because the cardigan did not adhere to the "looks policy" a written dress code which stipulates rules on aesthetics such as hairstyle, length of fingernails and forbids facial hair. Inconspicuous tattoos are acceptable only if "they represent the Abercrombie" look."
Riam Dean says: "Abercrombie were asking the impossible. Like the colour of my skin, I was born with a character trait I am unable to change, thus to be singled out for a minor aesthetic flaw made me question my worth as a human being."
Frankly, I am appalled. Riam Dean is a law student. Let us hope our profession employs her for her ability and does not humiliate her. I wish her luck.
The case... as they say... continues.
A glass of wine with your picnic? It's against the law
"More than 700 controlled drinking zones have been set up across England, giving police sweeping powers to confiscate beer and wine from anyone enjoying a quiet outdoor tipple.
Local authorities are introducing the zones at a rate of 100 a year, The Times has learnt. Some cover whole cities, a radical departure from what the law intended." |
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More Editorial....25th June ...
Editor
Mike SP
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Editor pick of the day
25th June 2009
Wimbledon 2009: ball girl steals limelight in knock up against Tommy Haas
Telegraph: A 15-year-old ball girl got the chance to play tennis star Tommy Haas in front of more than 10,000 people at Wimbledon after his opponent went off with an injury.
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24th June 2009
Public grilling for Gordon Brown and Tony Blair in Iraq inquiry
Guardian: Chilcot rules that witnesses will be expected to give evidence in public
MPs win fight to keep expenses claims censored
Telegraph: MPs will continue to censor key details from their expenses when their next claims are made public.
Barack Obama condemns 'unjust' crackdown on Iran protests
Guardian
Protests in Iran capital 'halted'
BBC: Iranian riot police and militiamen appear to have halted protests in the capital, Tehran, after days of clashes over the country's disputed election. |
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Woolf v Genn: the decline of civil justice
Times: Fury and feathers are flying in the genteel world of academe and all over the civil justice system. This week witnessed clashes between Lord Woolf, architect of the civil justice reforms of ten years ago, and Professor Dame Hazel Genn over the topic of her recent Hamlyn lectures, where she argued that the main thrust of civil justice reform was not about more access, nor about more justice. It is simply about diversion of disputants away from the courts.
More law news....24th June... and in right hand News panel...
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Nicolas Sarkozy: burqa not welcome in France
Telegraph: President Nicolas Sarkozy has said that the Islamic burqa is 'not welcome' in France. |
In a speech at the Palace of Versailles, Mr Sarkozy said that the head-to-toe Islamic garment for women was not a symbol of religion but a sign of subservience for women. "The burka is not a sign of religion, it is a sign of subservience," he told members of both parliamentary houses gathered for his speech. He added: "It will not be welcome on the territory of the French republic."
While I find the burqa distasteful if it is 'required' to be worn, the difficulty with this statement by the president of France is that it undermines the freedom of those who choose to wear it. By choice, of course, I mean free choice.
The French are concerned that the wearing of any religious symbols undermines the secular tradition. Thr irony with that position is that it places secularism in the same position as religions which feel threatened or undermined by non-believers. Perhaps no religions should be recognised by the state? - or supported by the state - for therein would lie equality before the law and removal of 'discrimination'. For my own part if people choose to believe in something, they should be free to do so provided it does not cause harm to or impinge on the rights and freedoms of others. That, however, is another problem with religions - they just can't help themselves. They have to convert, they have to interfere, they have to control. This is why I am an atheist.
Kickbacks
It would appear that people have been lurking around on dark drizzly days in The Temple
. offering barristers work in return for kickbacks.
The Bar Council announced today on their website:
Kickbacks The Bar Council has received reports that Chambers are being approached by a well established company who introduce clients to solicitors in return for a referral fee (15% of profit costs). The company is now looking to enter in to a similar arrangement with barristers doing public access work. |
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Barristers are reminded of the provisions of paragraph 307(e) of the Code of Conduct which prohibits a barrister from making any payment( other than a payment for advertising or publicity permitted by the Code or remuneration to staff) to any person for the purpose of procuring instructions. However, it is permissible for the lay client to pay a fee to a company in order to be introduced to a public access barrister, provided that no money changes hands between the public access barrister and the company for the referral.
Well
there we are
another possible lost opportunity to compete for the Bar? Or
am I just being tendentious?
More Editorial....24th June ...
Editor
Mike SP
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Editor pick of the day
24th June 2009
Woolf v Genn: the decline of civil justice
Times: Fury and feathers are flying in the genteel world of academe and all over the civil justice system. This week witnessed clashes between Lord Woolf, architect of the civil justice reforms of ten years ago, and Professor Dame Hazel Genn over the topic of her recent Hamlyn lectures, where she argued that the main thrust of civil justice reform was not about more access, nor about more justice. It is simply about diversion of disputants away from the courts.
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23rd June 2009
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Tory MP John Bercow will get down to work chairing Commons proceedings after being elected Speaker of the House.
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BBC: Mr Bercow got 322 votes to fellow Tory Sir George Young's 271 in the third and final round of secret voting. Gordon Brown and opposition leaders welcomed the appointment of Mr Bercow, who stood on a platform of reform and pledged to heal public "anger". However, he is unpopular among some in his party who feel the ex-right winger has become too close to New Labour.
Reform is on the way?
Speaker Bercow is being urged by many to reform the procedures and processes of Parliament. Watch the video for the Approbation - the language and garb of times gone by still prevails - and is slightly surreal to listen to - it may be the last time you will get a chance to see this quaint old ceremony. Reform may be on the way?
And you get to see Jack Straw waving hit hat about as well - and that must be a good thing. |
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Lord Chancellor Jack Straw, nips quickly from the Commons to The Lords to do the business as it was not convenient to Her Majesty to turn up to the Lords herself to approve the new Speaker
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New Commons Speaker John Bercow says he will revive parliament
Guardian: Former rightwinger John Bercow defeats Tory rival in secret ballot and promises reform
Church may axe bishops to cut costs
Independent: The Church of England is to consider axing bishops and other senior posts because of falling investment returns and a £352m pensions shortfall.
Lawyers claim bidding system for criminal defence work may be illegal
Bar Council cites impact on ethnic minorities
Competitive tender pilots meet '99% opposition'
Guardian
And news from the Bar Council: Kickback Requests
(22 June 2009) The Bar Council has received reports that Chambers are being approached by a well established company who introduce clients to solicitors in return for a referral fee (15% of profit costs). The company is now looking to enter in to a similar arrangement with barristers doing public access work.
More law news....23rd June... and in right hand News panel...
22nd June 2009
Editor pick of the day
22nd June 2009
A £13m fortune? I'm considerably richer than that, says Tory MP
Telegraph: Leadership may be annoyed by rising star's immodesty
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20th June 2009
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Lawcast 143: On the importance of Jury trials
Four men accused of being part of a gang that stole £1.75 million in a raid at Heathrow face the first criminal trial without a jury in England and Wales for 400 years after an historic Court of Appeal decision on Thursday
The Times reported The ruling means that the new trial, which would normally be tried by a jury, will be the first of its kind in England and Wales under legislation that took effect in 2003 to prevent jury nobbling. The only other judge-only trials for serious cases, known as Diplock trials, have been in Northern Ireland.
Today I am talking to Tim Kevan, a barrister, author of the babybarista blog and forthcoming BabyBarista book and co-founder of the legal training company CPD Webinars".
Listen to the podcast
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Gordon Brown: I could walk away from this tomorrow
Guardian: Prime minister is 'hurt' by attacks - but insists he can win election for Labour
Police to launch criminal investigation into MPs' expenses claims
Guardian: The MPs' expenses scandal escalated when Scotland Yard announced it would be launching a criminal investigation into alleged cases of misuse of the parliamentary system of allowances. The Met said it would focus on a "small number" of MPs and peers. Officers from the economic and specialist crime command will conduct the investigation, overseen by the Met's temporary assistant commissioner, Janet Williams, a former special branch commander.
More law news....19th June... and in right hand News panel...
Blogger off! You're not welcome here
trip to Simon Myerson QC's blog, Pupillage And How To Get It , threw up this gem from regular commenter Bar Boy The bloggers don't get tenancies line has certainly been trucked out at Inner. I do not recall anyone present thinking this was alarming, but that was only because the message was in keeping with the lack of transparency and accountability etc., which students quickly come to understand as being the norm at the bottom of the Bar pyramid. |
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A I remember the occasion well. One bencher, three students. Three students falling over themselves to agree with bencher that bloggers were the wrong sort for the Bar. Bencher walks off, and the three students then start discussing what they had blogged about recently.
Laughable really. What has the profession got lurking away that they don't want to see parodied or disclosed in a more serious way? Probably nothing, so why the fear of bloggers? It is highly unlikely that any barrister would do anything to prejudice a case, reveal details about his or her clients or be abusive to individuals.
Is the profession frightened of the wider public knowing about the difficulties the Bar is facing? I can't imagine they are for one minute just read Bar Chairman Desmond Browne QC's annual report, available here , and you will get a pretty clear view about what ther Bar is facing currently.
Anyway
as Simon Myerson says
In a profession dedicated to representing anyone and everyone, denying a blogger anonymity to comment on the legal world as viewed from the bottom of the pyramid seems to me to be a retrograde step.
19th June 2009
Downing Street announced yesterday, as MP expenses were published on a government website, that a telephone help line was available for anxious MPs. Lawyers are, apparently, standing by.
Editor pick of the day
19th June 2009
So why don't MPs claim for lunch?
Commentary: a long history of jury 'nobbling'
Times: Jury intimidation or nobbling is not new; it has been going on for centuries. It was a series of attempts to intimidate jurors that led to the introduction of majority verdicts in the Criminal Justice Act 1967, so that there could be a conviction even if one or two jurors disagreed.
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17th June 2009
The acquisition of BPP by Apollo - and what it will mean for legal education
BPP Law School backs £300m takeover by US bidder
Legal Week: The parent company of top UK law school BPP has accepted a £303.5m takeover offer from a US education provider in a move that will be closely watched by the legal profession.BPP Holdings today (8 June) made an announcement on the London Stock Exchange that the all-cash offer by Apollo Global worth 620p per share a premium on Friday's closing price of 567p had been agreed by the board of BPP, subject to a shareholder vote....
I have done two podcasts to get an insight into this development.
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Lawcast 142: Peter Crisp, CEO of BPP Law School on the acquisition of BPP PLC by Apollo
Legal Week reported last week on the acquisition of BPP (and this includes BPP Law School) by Apollo, an American company. I interviewed the Chief Executive of the College of Law, Nigel Savage, for his reaction and today I am talking to the Chief Executive of BPP law School, Peter Crisp, for his reaction.
Listen to the podcast
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Read the analysis and the comments on this in full (The comments are worth reading, particularly)
Police shoot man with Taser gun in Nottingham
Guardian: A man was shown apparently being shot twice with a Taser gun by police in Nottingham in a mobile phone video taken by a bystander and posted on YouTube yesterday. |
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Ministry of Justice
Human rights inquiry launch
15 June 2009
Jack Straw has given a speech at the launch of a human rights inquiry by the Equality and Human Rights Commission. |
CAPTION COMPETITION - Visit Charon for details of the Caption Competition based on the pic of Jack Straw above. There is a modest prize.
More law news....16th June... and in right hand News panel...
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Lawcast 141: The House of Lords judgment on control orders
Today I am talking to Carl Gardner, ex government lawyer and author of the Head of Legal blog about the House of Lords judgment in Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action
Lord Pannick, QC represented the lead appellant, AF Since the Home Secretary can no longer impose control orders without telling the controlees the substance of the case they have to meet, the right decision legally and politically would be to abandon the discredited control order regime and concentrate on prosecuting in the criminal courts those against whom there is evidence of wrongdoing."
We also cover Diane Abbot MP's campaign about secret evidence
Listen to the podcast
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15th June 2009
Beware rape myths, judges to tell jurors
Times: Juries are to be instructed to ignore myths surrounding rape in an attempt to raise Britain's low conviction rate for the crime.
Army chiefs in Afghanistan cannot be sued for death of their troops
Times: Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier.
Iran's president hails new era of hope despite beatings and arrests
MPs demand public inquiry on Iraq war
Independent: Gordon Brown risks provoking demonstrations on Britain's streets and proving that he is not serious about improving transparency in politics if he holds an inquiry into the Iraq war behind closed doors, MPs warned yesterday.
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Lawcast 141: The House of Lords judgment on control orders
Today I am talking to Carl Gardner, ex government lawyer and author of the Head of Legal blog about the House of Lords judgment in Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action
Lord Pannick, QC represented the lead appellant, AF Since the Home Secretary can no longer impose control orders without telling the controlees the substance of the case they have to meet, the right decision legally and politically would be to abandon the discredited control order regime and concentrate on prosecuting in the criminal courts those against whom there is evidence of wrongdoing."
We also cover Diane Abbot MP's campaign about secret evidence
Listen to the podcast
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The Queen's Official Birthday
Charon considers the system of honours dished out twice a year...
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BPP Law School backs £300m takeover by US bidder
Legal Week: The parent company of top UK law school BPP has accepted a £303.5m takeover offer from a US education provider in a move that will be closely watched by the legal profession.BPP Holdings today (8 June) made an announcement on the London Stock Exchange that the all-cash offer by Apollo Global worth 620p per share a premium on Friday's closing price of 567p had been agreed by the board of BPP, subject to a shareholder vote....
Read the analysis and the comments on this in full (The comments are worth reading, particularly)
More law news....15th June... >
His Excellency Baron Mandelson of Foy etc etc etc, First High Lord Protector of The United Kingdom, has left Gordon Brown to open a few village fetes while he makes a state visit to Europe to indicate that the government's position on the Euro is open. Some say that Mandelbrot did not need to take a plane to Brussels, thereby saving on expenses
he merely transubstantiated and relocated as he does, they say, at will.
Before he left to tell Europe what Britain's plans are, His Almightiness developed a new logo to put, like an imprimature, on all documents approved by him
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13th June 2009
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Lawcast 140: Testing for drug and alcohol abuse
In recent weeks I have read of employers testing employees for drug and alcohol use and abuse as a means of selecting them for redundancy. Drug testing in sport has been with us for years and now, also, is drug testing becoming fairly routine in the City and commercial sector. Drug and alcohol abuse testing in Family Law and Child Law cases is also increasing.
Today I am talking to Rod Carillo from Trimega Laboratories about the services which Trimega Laboratories provide....
Listen to the podcast |
Former pupil sues Oundle School over drunken fall from window
Times: A public school is being sued by a former pupil who was permanently disabled following a drunken fall from a window.
Journalist faces Real IRA death threat if she helps police
Times: A journalist who received the Real IRA's claim of responsibility for the murder of two soldiers in March told a judge yesterday that the republican terrorist group was prepared to kill her if she helped the police investigation.
G20 police officer under investigation for alleged second assault
Woman protester was thrown on the ground, according to witness
Guardian: A Metropolitan police sergeant who was filmed slapping a female protester at the G20 protests is under investigation for allegedly assaulting a second woman
More law news....12th June... >
In the beginning I created Brown and the Cabinet and the ministers.
And the policy was without form, and void; and darkness was upon the face of the deep. And the Spirit of Blair moved upon the face of the waters.
And I said, Let there be a revolt and there was a revolt
And Brown saw the light, that it was good: and that I divide the light from the darkness.
Editor pick of the day
12th June 2009
"Labour chose one of its smoothest liars, Peter Hain, to represent the party on Question Time this week. Unlike some I don't object to Mr Hain's permanent orange pigmentation or to his history of engaging in illegal actions to further causes in which he believed. If someone is prepared to say "I believe strongly in this and am prepared to break the law and face a fine or imprisonment for doing so" they are, in my view, acting honourably if, perhaps, foolishly. It doesn't matter what their cause happens to be nor how many others support it, having the courage of your convictions, even if it leads to criminal convictions, is to be commended. Of course now he is a fully-fledged slime machine and all principle was discarded long ago in his search for personal fame, power and glory. Once an honourable man he has followed the well-trodden path of losing his honour in order to gain the title "Right Honourable". "
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12th June 2009 Disarray over terror control orders after law lords ruling on secret evidence
Times report
Terror suspects win legal battle
BBC report | House of Lords judgment
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Civil justice system: why we are doing well but can do better
Times, Lord Woolf: Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system. The object was to create a new way of conducting civil litigation in England and Wales. |
Gordon Brown promises to hand power back to parliament
Guardian: Reforms will curb power of whips and strengthen scrutiny of government
More law news....11th June... >
Today's schadenfreude
What policies? |
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Editor pick of the day
11th June 2009
LORD CLARKE OF STONE-CUM-EBONY,MASTER OF THE ROLLS
MEDIATION – AN INTEGRAL PART OF OUR LITIGATION CULTURE
LITTLETON CHAMBERS ANNUAL MEDIATION EVENING
GRAY’S INN, 08 JUNE 2009
Read
Corporate manslaughter: making work a much safer place
Times: In law, small cases often mark major milestones. When the prosecution of Cotswold Geotechnical Holdings begins next week at Stroud Magistrates' Court, a new chapter in English law will begin. It will be the first case brought under the Corporate Manslaughter and Corporate Homicide Act 2007 and it signifies a new approach to prosecuting companies for alleged crimes.
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11th June 2009
UPDATE 10 June 11.30 am: Terror suspects win legal battle
BBC report | House of Lords judgment
Secret evidence: undermining the great traditions of British justice
Times: (Today) the law lords will hand down their decision on the legality of the control orders regime under which terrorist suspects are detained. A rare panel of nine law lords will say whether the procedures used to decide if a suspect should be held under a control order a form of house arrest breach Article 6 of the Human Rights Act, the right to a fair trial.
Met police: six officers accused of torturing drug suspects
Guardian: Six Metropolitan police officers have been suspended from duty following allegations they used a form of water-based torture on suspected drugs smugglers, it emerged last night.
Jack Straw accused of passing buck over French student murders
Guardian: Ex-chief probation officer David Scott says ministers make 'charges of ineptitude' to mask lack of resources
More law news....10th June... >
BPP Law School backs £300m takeover by US bidder
Legal Week: The parent company of top UK law school BPP has accepted a £303.5m takeover offer from a US education provider in a move that will be closely watched by the legal profession.BPP Holdings today (8 June) made an announcement on the London Stock Exchange that the all-cash offer by Apollo Global worth 620p per share a premium on Friday's closing price of 567p had been agreed by the board of BPP, subject to a shareholder vote....
Read the analysis and the comments on this in full (The comments are worth reading, particularly)
Editor pick of the day
10th June 2009
Just watch it
if you need a laugh. You won't regret it!
The White Rabbit: Memo to Labour MPs and some some velvet morning
" The image is from the consistently excellent Beau Bo D'Or (link to left). As I have sworn never to vote Labour again while well-known war criminal Tony B. Liar lives and breathes, I'm not sure why I'm doing this but here goes. This is a memo explaining to Labour MPs what to do. I'll type slowly as some of them are not the brightest... "
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10th June 2009
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BPP Law School backs £300m takeover by US bidder
Legal Week:The parent company of top UK law school BPP has accepted a £303.5m takeover offer from a US education provider in a move that will be closely watched by the legal profession.BPP Holdings today (8 June) made an announcement on the London Stock Exchange that the all-cash offer by Apollo Global worth 620p per share - a premium on Friday's closing price of 567p - had been agreed by the board of BPP, subject to a shareholder vote. |
The takeover will be closely watched by UK lawyers given BPP's status as one of the most influential players in the legal education sphere. BPP is sole supplier to the so-called City LPC consortium, acting as exclusive LPC provider to Freshfields Bruckhaus Deringer, Herbert Smith, Lovells, Norton Rose and Slaughter and May.
Gordon Brown's great escape
PM sees off rebels despite poll disaster
Silence as Clarke says he should resign
Guardian
Families of victims triumph in civil lawsuit over Omagh bombings
Times: From Bali to Mumbai the message went out around the world from Belfast last night that terrorists can in future be successfully pursued by their victims through the courts. A landmark ruling in which four men and the Real IRA were held liable for Northern Ireland's worst terrorist atrocity will give belief that civil actions can succeed against perpetrators when the traditional route of criminal prosecution has failed.
Opt out or your number's up for mobile phone privacy
Times:The first directory service that claims to be able to find any British mobile phone number is expected to cause a row over privacy when it begins operation next week. For a £1 charge, 118800.co.uk will be able to connect customers of its service to any of Britain's 42 million mobile phones, it says.
More law news....9th June... >
Editor pick of the day
9th June 2009
Professor John Flood (Random Academic Thoughts - RATS)
Lawyer-Client Relationships
I have just posted on SSRN the final revised version of my paper on lawyer-client relationships. It is "Ambiguous Allegiances in the Lawyer-Client Relationship: The Case of Bankers and Lawyers".
The paper deconstructs the prototypical dyadic lawyer-client relationship in the context of corporate transactions. Most lawyer-client analyses view the relationship as a direct unmediated one between the two. I argue this is illusory and that without understanding the context of business transactions, much about the relationship is omitted or missed from analysis.
At a minimum the relationship is triadic....
Read this fascinating article
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9th June 2009
European elections: Labour suffers long, dark night of humiliation
Tories surge as BNP wins first Euro seats
Labour expects to come third after Ukip
Officials say share of vote could be 16%
Rebels offered deals on Royal Mail and Iraq
Guardian
Misery for social democrats as voters take a turn to the right
Guardian: Centre-left parties find economic woes and protest votes for extremists adding to humiliation at the ballot box
Omagh bombing families face judgment day in their quest for justice
Times:Seventy miles separate Omagh from Belfast. This morning it will seem like the longest journey ever taken for the families of victims of the worst atrocity in the Troubles.The moment when Mr Justice Morgan delivers his verdicts in a remarkable High Court action, the first time that victims have sued alleged terrorists for damages, is likely to be their last chance of a glimpse of justice.
Home Office boss hits out over police chief removal
Independent: The senior civil servant at the Home Office said today that he and former home secretary Jacqui Smith were "shocked and disappointed" to see Metropolitan Police Commissioner Sir Ian Blair forced out of his post by London Mayor Boris Johnson.
More law news....8th June... >
Libel and Privacy Law - a stain on our law?
If the News of The World headlines had screamed Max Mosley goes yachting again SHOCK!!! it is unlikely that Mosley would have taken them to court for infringing his privacy. He did so because they revealed his perfectly lawful private amusement of strutting around shouting in faux German and being whipped by scantily clad beauties. This of course interests the public but, in my view, is a matter for him and it is not in the public interest that he should have to submit to such revelation by the press.
Read the article
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The Rule of Law and Harriet Harman QC
Lord Phillips, soon to be president of the UK Supreme Court, has been attending the QatarLaw Forum. Joshua Rozenberg has an interesting piece in the Law Society Gazette Gavels not guns' in which he summarises the points made by Lord Phillips and draws attention to the curious matter of Harriet Harman QC, a former practising solicitor, and her enthusiasm for changing the law restrospectively.
Read the article
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Editor pick of the day
8th June 2009
Appeal judges asked to clear notorious murderer Dr Crippen
The case of one of the most notorious murderers in British history, Hawley Crippen, is to be referred to the Court of Appeal, where the infamous doctor may secure a posthumous pardon 99 years after he was hanged.
The Fat Bigot Opines: A fine day Part 2 - the democratic deficit
A few days ago I waffled on about how Gordon Brown's authority comes primarily from his party rather than from the last general election and that his position is necessarily weakened by fractures appearing in the party itself. Friday's forced "re-shuffle" was a direct consequence of that weakness, not least because it was not expected to happen until Monday and had to be brought forward to try to stop the snowball effect of ministerial resignations and divert attention away from criticisms of the Prime Minister.
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8th June 2009
James Purnell quits cabinet and calls on Gordon Brown to stand aside now
Minister tells PM to quit and give Labour 'fighting chance'
Purnell's move sparks furious reaction from Number 10
Rebels say 75 MPs support email calling for new leader
Guardian |
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Labour hammered in elections as voters show their anger
Independent: Main political parties hit by backlash from voters over MPs' expenses
Ministry of Justice
Reports into the management of Dano Sonnex within the criminal justice system
04 June 2009 The Ministry of Justice has published reports on the management of Dano Sonnex within the criminal justice system, following his conviction for the murders of French students Laurent Bonomo and
Bar Council
Revised Court Dress Guidance
(4 June 2009) For information concerning court dress including Revised Guidance from the Chairman of the Bar Council, dated 2 June 2009 click here.
More law news....5th June... >
Inherent prejudice in judicial selection
I quote from the opening to the article: Official research published today reveals a widespread and underlying perception' of inherent prejudice' in the judicial application process and suggests that solicitors still see the bench as a career for other people'. The study, sponsored by the Judicial Appointments Commission, surveyed barristers and solicitors eligible for appointment. Of the 2,182 respondents, more than half (55%) said there is prejudice in the selection process, and a quarter said that the process is unfair. Only 51% felt judges are selected purely on merit.
In a recent issue of the Law Society Gazette Lord Judge LCJ welcomed more applications from solicitors to the higher judiciary but made the perfectly reasonable point that often firms are not prepared to release experienced lawyers for the time necessary to undertake training and to fulfill their obligations to sit part-time.
Read the article...
Editor pick of the day
5th June 2009
The Fat Bigot Opines: Why poor Gordon's authority is shot
" As I start writing this piece today is set to be one of the most memorable politically. An incompetent and dishonest cabinet minister announced her resignation this morning , the day before local elections. She is the cabinet minister responsible for policy on local government which makes the timing particularly embarrassing for the Prime Minister. Like so many of the present cabinet she has never actually achieved anything in government and is merely a dedicated party functionary employed at vast public expense to further the interests of the Labour Party. As such her departure, and that of the equally useless Home Secretary yesterday, has special significance to the authority of Gordon Brown as Prime Minister..."
More...
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5th June 2009
Campaign to oust Prime Minister gathers pace
Independent: Labour rebels launch coup attempt against Brown on eve of crucial elections. Blears becomes focus of opposition after dramatic resignation from Cabinet
Bar Council calls on firms to fund civil litigation
Legal Week: City law firms could help fund some civil litigation cases as part of sweeping proposals to overhaul litigation funding mechanisms in the UK . Guy Mansfield QC acting on behalf of the Bar Council, is considering asking firms to invest in a fund that would be used for cases such as professional negligence, personal injury and employment disputes, which currently come mainly under the no win, no fee' banner.
Qatar Law Forum: anyone who is anyone celebrates the rule of law
Times: Britain's senior law lord warned that the rule of law was not a luxury item to be stored in a cellar in times of emergency and judges debated the need for solidarity and speaking out jointly when the rule of law is threatened, be it in Pakistan or Zimbabwe.
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Lawcast 138: Des Hudson, Chief Executive of The Law Society of England & Wales
TodayI am talking to Des Hudson Chief Executive of The Law Socoiety. Lawyers are facing unprecedented pressures; partly through the most severe recession since the the Second World War and partly through the changes coming as a result of the LSA. We talk about Tier 5 Employment migrant lawyer issues, Best Value tendering, the role of The Law Society in these changing times, Virtual Courts, and the good work the Law Society is doing in promoting human rights causes and the plight of lawyers in some overseas jurisdictions; notably Fiji, Pakistan and Colombia.
Listen to the podcast
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More law news....3rd June... >
Britain leads the Western World
..as top repressive surveillance regime
OUT-Law reported recently The Government has rejected claims that it is conducting too much surveillance on citizens and has said that it has got the balance between surveillance and liberty right. It has rejected many recommendations recently made by the House of Lords.
The government has also rejected the perfectly sensible suggestion put by the Lords that surveillance be subjected to judicial oversight. Only recently the Information Commissioner, Richard Thomas, warned that the UK could sleepwalk into a surveillance society as a result of ID cards and other plans.
Read the article on Charon QC
Editor pick of the day
4th June 2009 ;
Royal Family latest to be stung by bee raiders
Independent: In normal criminal circles it wouldn't create much of a buzz, but in the world of beekeeping the theft of eight hives in Scotland represents the latest and most high profile sting on an industry beset by thefts and disease.
Hazel Blears heads for home after trading blows with No 10
Guardian: How the tensions between Brown and the communities secretary finally erupted in public and continued hours after her sudden resignation
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4th June 2009
China begins internet 'blackout' ahead of Tiananmen anniversary
Telegraph: China has begun imposing an information blackout ahead of the 20th anniversary of the Tiananmen Square massacre, blocking access to popular networking websites such as Twitter and BBC television reports inside China.
Labour's day of resignation
Jacqui Smith stands down
Two more ministers quit
Harman denies 'wheels are falling off'
Guardian
Gordon Brown: Labour's dilemma
Guardian |
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Debbie Purdy takes assisted suicide case to the House of Lords
Times: A woman with multiple sclerosis may have to take her own life early because of the lack of clarity in the law on assisted suicide, Britain's highest court was told.
Home Office in-tray is full of lethal traps
Independent: The new Home Secretary will find a brimming in-tray of pressing matters that need careful handling.
More law news....3rd June... >
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Jacqui Smith: The departure of one of the worst Home Secretaries in history |
Billed as the youngest Home Secretary in our history, tipped as a future Prime Minister, Jacqui Smith leaves the Home Office less fit for purpose than it was when she arrived. I am not talking of minutiae and administration but in terms of reputation. Leaving aside her own poor judgement in terms of expenses claims, and the questionable, if amusing, taste of her husband when it came to private amusement with a video, Jacqui Smith seemed to be in thrall to Number 10 and presided over a number of civil liberties disasters.
Pushing through the re-classification of Cannabis, against the advice of her own team, pushing for an extension of detention withpout trial to 42 days (thankfully booted into touch by objections in the Lords, failing to come to grips with Policing, a relationship with the Police federation in terms of pay and Police appointments and, perhaps, most serious of all, her involvement in the Damien Green Affair. While denying she called in PC Plod it became clear that she was the source of concerns about National Security - later shown to be preposterous by the DPP Kyle Starmer QC - revealing her as a person unfit to hold one of the most important offices of State. She is unlikely to be missed by civil libertarians. The incoming Home Secretary could possibly go down in the record books as being one of the shortest holders of the office.
Editor pick of the day
3rd June 2009
£300,000 for judge off sick after blackmail trial
Telegraph: Immigration judge Mohammed Ilyas Khan who had an affair with his Brazilian cleaner has been paid nearly £300,000 while off work.
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3rd June 2009
Seven days of torture that will sink or save Brown's premiership
Guardian: Chance to set out national plan after Thursday's polls
Constitution and cabinet reshuffle are priorities |
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Home Secretary Jacqui Smith to fight shock-jock Michael Savage's lawsuit
Times: Jacqui Smith will not back down against a right-wing American radio DJ who is suing after he was barred from entering Britain.
Beleaguered Alistair Darling faces reshuffle axe
Times: PM refuses to rule out moving friend as chancellor admits expenses error
More law news....2nd June... >
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Lawcast 138: Des Hudson, Chief Executive of The Law Society of England & Wales
TodayI am talking to Des Hudson Chief Executive of The Law Socoiety. Lawyers are facing unprecedented pressures; partly through the most severe recession since the the Second World War and partly through the changes coming as a result of the LSA. We talk about Tier 5 Employment migrant lawyer issues, Best Value tendering, the role of The Law Society in these changing times, Virtual Courts, and the good work the Law Society is doing in promoting human rights causes and the plight of lawyers in some overseas jurisdictions; notably Fiji, Pakistan and Colombia.
Listen to the podcast
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Lawcast 137: Gawain Towler, prospective UKIP candidate in the Euro elections
Today, as part of a new series of political podcasts for the Wardman Wire, I am talking to Gawain Towler, the prospective UKIP candidate for the South West in the forthcoming election. We discuss UKIP policies on Euirope, the alternative to membership of the EU, and a range of current issues. I also ask Gawain if UKIP will reap the benefit of support from voters fed up with the main parties after the expenses revelations of the last three weeks.
Listen to the podcast
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Editor pick of the day
2nd June 2009
Tory's partner wanted to buy lots of booze' with expenses money
Independent: A Conservative MP's partner told Commons officials she was planning to buy lots of booze with public money, it was revealed last night.
In an email in 2005, Carole Dennett, who is also Mr Turner's parliamentary assistant, told the fees office she was looking forward to his expenses claims being settled. She explained: I shall be able to spend it on lots of booze so that the forthcoming election goes in an alcoholic blur.
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29th May 2009
John Butterfill claimed £17,000 MPs' expenses for servants'
er, staff quarters
Guardian: Sir John Butterfill built a servants' wing at his country home in Surrey for the gardener and his wife with taxpayers' money
Jack Straw defends virtual courts after trial at police station
Times: Jack Straw, the Justice Secretary, was in court yesterday to defend his plans for virtual courts, under which thousands of defendants will lose their right to have a courtroom hearing.
£15,000 Times fine proves the need for reform of an indefensible law
Times: Judges' decision in a contempt of court case against The Times strengthens the campaign for reform of an indefensible law, argues David Pannick, QC
More law news....28th May... >
Editor pick of the day
28th May 2009
A reality check
Legal Week reports that the top 10 law firms are stepping up alternative billing on client concerns with the emotive headline "
UK elite bow to clients with plans for rate freeze "
The reality of markets is that prices fluctuate according to supply and demand. Law firms and law schools, having enjoyed a rather long bull run where they held the whip hand in terms of fee structure and charging are now facing the reality that it is a buyer's market.
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You can dress it up as much as you like, you can consult experts on value billing versus the billable hour - but at the end of the day it is all down to what you can get away with and keep your business profitable. If you reach the point where you can't get work at a profitable rate the business will close. It is as stark as that. Law firms are simply adjusting to current market forces. There will come a time when they can 're-adjust' their fees.
The jury is out on the jury
Lord David Pannick QC, writing in the Times, states: "The decision of the Divisional Court (Lord Justice Pill and Mr Justice Sweeney) last Friday to fine Times Newspapers £15,000 for a report in this newspaper about a jury's verdict in a manslaughter case strengthens the campaign for reform of an indefensible law of contempt of court."
Pannick argues that The terms of Section 8 are absurdly wide in their scope and application and there is no provision for a public interest defence. He makes the rather pertinent point... " The absolute nature of Section 8 of the Contempt of Court Act 1981 is indefensible, especially when Section 5 of the same statute says that if a person is charged with another category of contempt by publishing an article that creates a substantial risk of impeding or prejudicing court proceedings, it is a defence to show that the publication is part of a discussion in good faith of a matter of public interest and the risk of impediment or prejudice is merely incidental to that discussion."
It iis an interesting issue; one that requires further investigation. Also in The Times this morning, Mark Stephens asks "Would you want to know if a Ouija board decided your case?" saying that " It seems trite law that the secrets of the jury room, however compelling, must never be revealed. The British have a penchant for locking away in the closet distasteful truths about much loved institutions whether jury deliberations or Liberal politicians."
Stephens observes - going straight to the heart of the matter..." After the acquittal of Jeremy Thorpe, the former leader of the Liberal Party, on a charge of conspiracy to murder in the Old Bailey in 1979, Parliament reacted swiftly to protect its own, passing the modern strict liability offence as an absolute bar against revelation of almost anything from inside the jury room."
Perhaps a bit of reform would not come amiss? Do jury deliberations need to be shrouded in mystery? Would lawyers benefit from research about how jurors reach decisions? Would justice be more open, more accountanble, more just if we were allowed to know how a jury reached a decision? Would it just be too much information to cope with and... therefore... best that we do the British thing and leave things as they are?
28th May 2009
David Cameron: I would reduce No 10's power
Guardian: David Cameron will tomorrow pledge to deliver the most dramatic redistribution of power in living memory
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City police warn of huge rise in fraud cases
Times: Fraud is soaring during the recession and must be made a police priority, the senior officer heading the national drive against economic crime said.
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More law news....26th May... >
Marcel Berlins: Is it time to open the door on jury rooms?
The Times was fined £15,000 by the high court last week for revealing what went on in jury deliberations during a manslaughter trial. The newspaper is appealing. The case raises once again the issue of jury confidentiality. In these days when transparency is king, the jury is one of the very few institutions remaining where secrecy still rules. But why should we not be allowed to know how juries reach their decision? |
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Editor pick of the day
26th May 2009
Law should be changed to increase transparency of juries
Times / Dr Gary Slapper
Guido Fawkes: Sunday Sleaze Round-up
Post links to sleaze stories in the comments and Guido will summarise them here. It is a dirty job, but someone has to do it
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26th May 2009
When two tribes go to war...
The legal profession as a whole faces competition from the so-called Tesco Law providers; but closer to home, and very much an issue of the present, is the war' going on between the two main branches of the legal profession The Bar and Solicitor-advocates. |
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First, it was Judge Gledhill expressing robust disapproval (at an impromptu press conference at the end of a case ) about the way solicitor-advocates had conducted themselves. Paul Marsh, president of The Law Society, objected. Then it was Lady Justice Janet Smith, president of the Council of The Inns of Court, writing to resident judges seeking evidence about the quality of work done by Solicitor higher-court advocates (HCAs).
Lady Justice Janet Smith has now taken the unusual step' of withdrawing her letter.
Charon QC considers the future of the legal profession and asks for your thoughts. The article may make those of a traditional disposition cough into their cornflakes.
More...
Editor pick of the day
22nd May 2009
Sir Ranulph Fiennes has become the oldest Briton and the first British pensioner to reach the summit of Everest. On his arriving at the summit, the veteran explorer became the first man to cross the north and south poles and climb the world's highest peak.
ITN
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22nd May 2009
Tory grandee Sir Peter Viggers forced to quit over £30,000 gardening bill
Times: The purge of Conservative MPs caught up in the expenses scandal intensified last night as David Cameron forced out a grandee who had claimed £30,000 for gardening.
Expenses scandal claims more victims - but huge payouts await
Independent
Ingrained arrogance in the police leads to miscarriages of justice
Times / John Bromley-Davenport, QC
Off with their heads?
As Gordon dithers while Westminster burns, rejects Cameron's calls for an immediate election and admits that a conservative government being elected at a snap election would cause chaos Richard Gordon, QC, writing in the Times states - |
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"Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament against the Government's wishes forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians. "
I suspect that an immediate election would do more harm than good at present and The Queen would be best advised to keep well out of this sorry mess. The prospect of an immediate election at a time when we are in the midst of a serious financial situation is not one that appeals greatly - a view quite possibly shared by many who sit back and reflect on the wider picture. While The Queen may have constitutional prerogatives to dissolve Parliament, in the event that she stays her hand, the timing of the next election will be at the discretion of Gordon Brown - assuming, of course, that the Labour Party men in togas, knives hidden within the folds of cloth, do not call upon the prime minister late of an evening shortly.
Far more interesting is the nature and scale of the cull of MPs coming. Tory grandees are dropping like flies. Hogg, Steen and now Sir ePter 'Donald Duck' Viggers are standing down... what will Gordon Brown's Star Chamber do. Hazel Blears, we are told by the PM, has behaved unacceptably. Unacceptably enough to be removed? There are others, at a senior level within the Labour Party who should be considering their position. They may also have to look at their shoulders frequently to see if their collars are being felt by PC Plod. Jonathan Fisher, QC, in a most interesting article in The Time today writes: " A police investigation into the MPs expenses scandal will swiftly identify false accounting as the criminal offence most likely to have been committed by the most egregious of the SW1 claimants. "
Bar Boy, commenting on my blog yesterday wrote: "Do any of you grown up lawyer experts have a view over those of our esteemed parliamantarian troughers who also happen to be barristers, such as Hogg, Straw and Hoon. No one, to my knowledge, has yet commented on this aspect. The Bar is very insistent, to the point of being annoyingly repetitive, when banging on about standards and conduct, blah, blah, yawn etc. Should, for example, Inner, now be making an example of governing bencher Straw, and passing him the pearl handled revolver ? "
He has a point. I may be making a telephone call to the Bar Council this morning and make yet another nuisance of myself.
Editor pick of the day
21st May 2009
Tory grandee Sir Peter Viggers forced to quit over £30,000 gardening bill
Times: The purge of Conservative MPs caught up in the expenses scandal intensified last night as David Cameron forced out a grandee who had claimed £30,000 for gardening.
Could the Queen really dissolve Parliament now?
Times / Richard Gordon, QC: Thinking the unthinkable is what constitutional lawyers are paid to do.
Expenses: in the spirit of the rules
Times / Jonathan Fisher, QC: A police investigation into the MPs expenses scandal will swiftly identify false accounting as the criminal offence most likely to have been committed by the most egregious of the SW1 claimants.
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21st May 2009
A dark day for Parliament. A new dawn for democracy?
Independent: Michael Brown, an MP for 18 years, reflects on a historic day at Westminster
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Michael Martin: steady rise and abrupt fall of the boy from Anderston
Friends say they will not forget the MPs who hounded working-class Glaswegian from his parliamentary office
Guardian |
Michael Martin resigns as PM signals the end of the 'gentlemen's club'
First Speaker forced out in 300 years
Regulator for MPs and ban on 'flipping'
Guardian
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The end of the beginning... the beginning of the end?
The Speaker has gone.. Long live The Speaker. Michael Martin stepped down before the Cleggian 'Death by a thousand cuts' in a selfless act of self immoltaion to unite Parliament. With his departure the MPs are now speculating on who will be the next Speaker and will drag the new Speaker to the Chair on or shortly after 22 June. Finkelstein, however, wants to ban Mps from betting on this. |
History was made yesterday - but will Parliament take the opportunity to change, to reform? Michael Brown MP writes: "Future A-level history students will be answering questions not only about the Long Parliament and the Rump Parliament, but also about the "Moat" Parliament (otherwise perhaps known as the "Manure" Parliament) presided over by Speaker Martin the first Speaker to be forcibly removed from office in 300 years."
Andrew Grice, also of The Independent suggests that the Westminister Gentleman's Club is dead and the power of the men in tights is coming to ane end.
The Leaders of all the principal parties will now move to discipline members who have broken the rules. Is this the return of the Star Chamber? Not literally, of course - but the Conservative 'Scrutiny' committee and Brown's.. 'whatever it gets to be called Tribunal' will, surely, have to pass judgment on those who have erred? One small difficulty that Brown faces, of course, is that his own Chief Whip has a bit of a problem with food expense claims running at £21 a day for some years (£18,000 in total) according to some reports. the Whip's Office is, of course, responsible for internal discipline. Will we see the departure of leading ministers? Hoon and Blears, for example? The Justice Minister who resigned last week may well be among those put to the Sword.
The Speaker has gone and will be replaced. This is only the end of the beginning. What follows now - and quickly - may shape our democracy perhaps more even than the now largely irrelevant Magna Carta.
20th May 2009
Editorial: Is there a danger that democracy is being undermined?
Over the past week or so, The Telegraph has drip fed revelation after revelation about MP expense excesses; whipping up a frenzy of public ridicule and even a degree of hatred for those who have most abused the system. Bloggers, including myself, have had a bit of sport and that is fair enough - but there are dangers that democracy is being undermined by this fiasco and, certainly, the pressure on the PM, ministers and members of parliament, is such that one wonders whether the business of actually running the country, running the wars in Iraq and Afghanistan et al, is suffering.
Guido Fawkes has suggested that people can punish MPs in the forthcoming elections by voting for fringe parties; suggesting the Green Party, Libertas and UKIP as possible alternatives. I do not know if he is being serious, or care that much. I'm certainly not going to vote for these parties simply because I am not persuaded by their ability to run the country any better than the present crew. For my part, the leaders of the three principal parties have to sort their MPs out and put their houses and the House in order.
Last night I talked to Tom Harris MP, the Labour MP for Glasgow South., who gave direct and thoughtful answers to my questions about the expenses issue, The Speaker's position, whether we will get an early general election - as David Cameron has called for and the 'public' (whoever they are) have called for. The podcast is 20 minutes long and if you have the time and inclination it is worth listening to.
One thing is certain - and MPs are falling over themselves to apologise and agree - change must come, but we must have in place a system of sensible, realistic and adequate remuneration and reimbursement for expenses wholly, necessarily and exclusively related to the important work MPs do if we are to have a viable Government and Opposition made up of men and women with the intellect, the experience and the spirit to run the country on our behalf.
The Metropolitan Police Commissioner has stated that he is prepared to investigate cases of wrongdoing and it may be, in time, that those who have broken the rules with outright fraud, as opposed to a misinterpretation of what appears to have been a rulebook based on what Tom harris calls a 'culture of entitlement', will be held to account.
We shall see. Do listen to the podcast with Tom Harris MP (Below), whatever your political persuasion, if you have the time - he makes some good and measured points.
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Lawcast 136: Tom Harris MP
Today I am talking to Tom Harris MP, the Labour member for Glasgow South, an enthusiastic user of twitter and author of his own very active blog AND ANOTHER THING. Tom has also taken to podcasting himself in recent weeks with Jamie Read MP under the title Two men and a Pod and most enjoyable they are too.
It is impossible for me to interview a well known MP and not mention the elephant in the room the subject of MP expenses, the title of a podcast done by Tom and Jamie Read towards the tail end of last week. As far as I know, Tom Harris doesn't have a moat and if he did, it is unlikely he would have claimed for it.
Content: MP Expenses - the way forward | The position of The Speaker in the present crisis |Do we need an election now and who is going to win? | Blogging, Twitter and Dr Who.
Listen to the podcast
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19th May 2009
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Lawcast 136: Tom Harris MP
Today I am talking to Tom Harris MP, the Labour member for Glasgow South, an enthusiastic user of twitter and author of his own very active blog AND ANOTHER THING. Tom has also taken to podcasting himself in recent weeks with Jamie Read MP under the title Two men and a Pod and most enjoyable they are too.
It is impossible for me to interview a well known MP and not mention the elephant in the room the subject of MP expenses, the title of a podcast done by Tom and Jamie Read towards the tail end of last week. As far as I know, Tom Harris doesn't have a moat and if he did, it is unlikely he would have claimed for it.
Content: MP Expenses - the way forward | The position of The Speaker in the present crisis |Do we need an election now and who is going to win? | Blogging, Twitter and Dr Who.
Listen to the podcast
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PROBE MP'S EXPENSES AND YOU'LL BE SACKED
Sunday Express: TAX inspectors who suggested investigating MPs were threatened with the sack, a whistleblower clai ed last night. Thomas Casagranda, a former tax compliance officer with HM Revenue and Customs, said MPs' tax affairs were effectively above the law because senior managers refused to scrutinise them.
Michael Martin: growing crisis as Speaker defies calls to force him out
Guardian: Charles Clarke joins Clegg and Carswell in demanding he quits
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Thousands of criminal suspects to be tried in virtual courts
Times: Thousands of criminal suspects will lose the right to appear in court and be brought instead before virtual courts conducted via video links under plans before Parliament next week.
Virtual Court graphic |
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More law news....18th May... >
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Lawcast 135: Venkat Balasubramani, a US lawyer on Spam, social media and privacy issues.
Today I am talking to Venkat Balasubramani, a US lawyers who specialises in the internt sector, IT and Intellectual Property law. He is an enthusiastic social user of Twitter and writes the Spamnotes blog
Listen to the podcast
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Editor pick of the day
18th May 2009
Guido Fawkes: Rich and Mark's Monday morning view
Human Rights Act will hamper soldiers in action, warns MoD
Independent: Split-second decisions could be compromised by a ruling on the risks faced by frontline troops
Rise in use of drug tests to sack staff without redundancy pay
Guardian: Employers are increasingly using drug testing to get rid of staff without having to make redundancy payouts, as a way of cutting costs during the recession
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18th May 2009
Clare Short makes excessive claim for mortgage payment: MPs' expenses
Clare Short, the former international development secretary, admitted claiming thousand of pounds of taxpayers' money to which she was not entitled within months of standing down as a Cabinet minister.
Telegraph
Shahid Malik, his house and the slum landlord: MPs' expenses
The controversial way in which Justice Minister Shahid Malik was able to run up the highest expenses claim of any MP can be disclosed by The Telegraph.
A home cinema £2600 - a massage table £750 and a fine for not paying his council tax £65 (repaid)
Shahid Mailk earns £95k a year and claimed the maximum amount allowable for a second home, amounting to £66,827 over three years
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More MP expenses and law news....15th May... >
Jobs for the 'boys' or a cause of genuine concern?
"The Bar Council has set up a working group to tackle what it calls unfair competition from solicitor-advocates for Crown Court work.
In a paper sent to criminal barristers, Desmond Browne QC (pictured), Bar Council chairman, outlines what the body is doing about what he calls the threat to the referral bar by the ever-increasing amount of advocacy' performed by solicitor higher-court advocates (HCAs). The move follows controversy over Judge Gledhill's criticism of some solicitor HCAs' performance (see [2009] Gazette , 23 April, 1)."
Law Society Gazette |
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The article is interesting because the Bar is clearly under pressure. Desmond Browne QC, Chairman of The Bar, uses fairly emotive language when he talsks about 'the threat to the referral bar by the ever increasing amount of advocacy performed by solicitor-advocates. While he states that the Bar has never feared competition he argues that competition must be fair and notes that while solicitors have direct access to clients and can pay referral fees for work barristers cannot. He suggests that soliciotors amend their client care letters to contain a statement of entitlement to a barrister. Paul Marsh, President of The Law Society, not surprisingly remarks rather tartly "Solicitor-advocates provide a high calibre of service to clients. The issues that concern the bar are a product of their own rules and the bar could amend these if it wished. The answer is not to amend the client care letter."
Frankly, the issue is simply one of ability and quality. Can solicitor-advocates do the work to the standard required or not? If Judge Gledhill's remarks about the incompetence of solicitor-advocates are reflected across the country, then, clearly, there is a problem and this needs to be addressed. If they can do the work to the required standard then The Bar, I suspect, given Paul Marsh's robust view, will have to come up with a different strategy to compete.
Interestingly, The Law Society Gazette article notes that "Lady Janet Smith, president of the Council of the Inns of Court, wrote to presiding judges, resident judges and circuit leaders asking for evidence relating to whether work done by solicitor HCAs is being done satisfactorily'."
The results of this research - if ever published - will, surely, put the issue into focus either way?
Somewhat ironically, in the same issue of the Gazette there is the headline "Nichol rejects Law Society plan to widen QC eligibility". It is worth a read! Titles for the boys and girls of The Bar... only?
15th May 2009
Elliot Morley claimed £16,000 for mortgage that did not exist: MPs' expenses
Telegraph: Elliot Morley, the former Labour minister, claimed parliamentary expenses of more than £16,000 for a mortgage which had already been paid off. |
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UPDATE: Elliot Morley MP : Statement
Read his statement
Elliot Morley suspended from Labour Party
MPs' expenses row: Speaker of the Commons will be told to quit
Guardian: Michael Martin under pressure as more damaging MPs' claims emerge
More law news....14th May...
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The Party is over?...
David Cameron has stirred things up with his own calls to revamp the issue of expenses by banning his MPs from claiming for food, household goods and to repay excessive claims.
The Speaker, Michael Martin, is fast losing the confidence of Parliament and has been told to indicate that he will step down at the enxt election or face a 'mess'. |
The Prime Minister and other party leaders are scrambling to apologise and MPs are racing to repay expenses. Some are even saying that it will be difficult to find the money now to repay the expenses. Elliot Morley, the former Labour minister, claimed parliamentary expenses of more than £16,000 for a mortgage which had already been paid off., according to a Telegraph report today (above). The Libertarian Party has called for him to be jailed for outright fraud.
Guthrum, posting on the unofficial blog of the Libertarian Party UK writes: "We have had the long and short Parliaments,the Rump Parliament, we have even had the Addled Parliament , we are living under the rule of the Rotten Parliament."
The whole thing is a mess and now Brown, cameron, Clegg have no alternative but to act quickly and firmly to address this. Will prosecutions follow in apprpriate cases? Will the Police do The Speaker's bidding and investigate the source of the leaks to The Telegraph? Somehow, I doubt it. We shall see.
Next week, I am talking to a well known Labour MP who has agreed to do a podcast with me. I shall raise the expenses issue, of course - but more to seek his views on what is likely to happen rather than dwell on the claims themseleves - more than adequately covered by The Telegraph and in the political blogs.
14th May 2009
Telegraph discloses Liberal-Democrat expenses
Expenses claims made by the Liberal Democrats will come under the spotlight with The Telegraph's latest disclosures about MPs' Parliamentary allowances.
" A number of senior figures in the party have volunteered to refund the taxpayer after being challenged over claims which they now admit were unacceptable. Polls suggest the Liberal Democrats have so far benefited from the embarrassment of the Tories and Labour over the expenses scandal but the new disclosures will dispel any myth that the party does not need to address the issue."
David Cameron tells Tory MPs: write cheque or face sack
Party leaders order thousands of pounds of expenses to be paid back
Liberal Democrat claims latest to be leaked on dramatic day in Westminster
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More law news....13th May...
It's a moat point...
13th May 2009
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MPs' expenses: Paying bills for Tory grandees
Telegraph: Senior Conservatives have subsidised their country estates at the taxpayers' expense, the Telegraph can reveal.
MPs' expenses: Cameron considers removing whip as Brown says sorry
Guardian |
Speaker faces no-confidence threat after he turns on MPs
Guardian: Parties round on Martin for defending 'vested interests' as he accuses Commons critics of courting headlines on expenses
Comment...
The extraordinary revelations, drip fed each day by The Telegraph on MP expenses, have thrown up some extraordinary claims from politicians on both sides of the house and Gordon Brown, David Cameron and others have been rushing to newspapers and television and radio studios to apologise. The Speaker, Michael Martin, by contrast, revealing yet again his unsuitability for one of the great offices of Parliament, took a different approach and called the Police in not, I hasten to add, to investigate the troughing MPs but to find out who had the temerity to leak the information which MPs tried so hard to suppress. MPs, I suspect, would have preferred the expenses to be revealed quickly and after the June elections - preferably, perhaps, in late July when the summer holidays under way. The Telegraph has ruined this plan.
Polly Toynbee writing in The Guardian seems to have unilaterally terminated her on-off support for Gordon Brown and says that he must go. It seems that Gordon Brown is no longer a credible leader of the Labour Party, let alone a credible prime minister. i suspect that a lot of people agree with Toynbee. The revelations on expenses, however, have not been perhaps as damaging to Labour as the Tories - the stark contrast in the lifestyles of Labour MPs and Tory made all the more clear by the nature of some of the claims.
It is amusing to hear that an MP has claimed expenses to dredge his moat - a fact apparently denied - but it does point to a need, perhaps, to provide expenses to those who need it to ensure parity of opportunity rather than for expenses to be seen as a bonus on top of salary. By this I mean - expenses to compensate for travel and the costs of accommodation when the house is sitting - a standard expense rate for MPs who live away from London. It is not realistic, as some have suggested, that as no-one forces MPs to go into politics, prospective candidates should check that they can afford to do so. We need men and women with experience, who are prepared to work in the interests of governing the country and we must attract across a wide political and social spectrum. I would go further - and this would possibly not be of interest to some MPs or prospective MPs, that they should devote their time, fully, to parliament while they are Members of Parliament and not engage in outside work or take on other jobs.
This latter idea, put forward by many, is unlikely to gain favour - but the time has come to look closely at salaries and expenses and ensure that adequate provision is made to ensure that MPs enjoy a reasonable rate for the job and that expenses incurred as a result of their being members are re-imbursed. For a rather more blunt and prosaic assessment - I commend Geeklawyer's analysis which is not for the faint hearted: The beginning of the end? or Gordon's Big End?
12th May 2009
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Lawcast 133: Scott Greenfield, a US criminal defense lawyer on wholesale stealing of blog content from bloggers
Today I am talking to Scott Greenfield, a new York criminal defense lawyer and author of the Simple Justice blog. In a blog post last week entitled "USLaw.com: The Verdict Is In"
Scott wrote as follows: When I questioned why USLaw.com used my posts, in their entirety, on its website, it caused quite a ruckus. It seems that the proprietor of USLaw.com, a fellow who uses the name Gregory Chase, though I have good reason to believe it's a fake, reacted quite poorly. I was absolutely wrong, he informed me, and I was damaging his business. He was going to "embarrass" me and tossed slander out (I know, but he apparently isn't aware of the distinction between slander and libel)."
Listen to the podcast |
Editor pick of the day
11th May 2009
MPs' expenses and the great national sneer
LabourList.org
" The Daily Telegraph has undeniably pulled off a great coup in getting hold of the details of MPs' expenses claims and publishing them. It's doing it in dribs and drabs, starting yesterday, thus pre-empting the official plan to publish them all together in July, after the elections in June to the European parliament and the county councils." More...
The Slackoisie Fight Back
Scott Greenfield of Simple Justice... " Adrian Dayton, blawger and tweeter , is a great young man. Happy, smiling, smart and engaging. It was great to meet him on the way out of the Gen-Y Panel discussion at SuperConference. But poor Adrian, one of the small vocal group of millenials at the conference trying to defend their honor against the rash of senior lawyers (with one curious exception), suffers from the same disease that infects the Slackoisie: the inability to see life in terms of anything other than "me".
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8th May 2009
Supreme Court: new building, new look, new way of working?
Times: The scaffolding is down and the stonework cleaned up. Passers-by can now get their first glimpse of the supreme court. And the verdict on the building from the man who will lead the judges through its doors this October is positive.
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Lawcast 132: Colombia is a dangerous place for human rights lawyers and defenders.
Human rights organisations have registered an average of 25 cases of lawyers and human rights advocates killed on a yearly basis since 1991, which amounts to 400 people in a 16 years period. In addition,they face the risk of spurious criminal charges, civil suits and disciplinary charges forcing them to spend time defending themselves rather than representing their clients.
These words are taken from the Report of the UK Section of the Caravana 2008" - an international delegation of lawyers to investigate the treatment of human rights lawyers in Colombia
Today I am talking to Sara Chandler a Law Society Council member and also the director of the pro-bono unit at the College of Law
Sara Chandler made the point... The courage of the Colombian lawyers has left a lasting impact on us all. We heard shocking and detailed eye witness accounts of harassment and attacks. During our visit, a lawyer was murdered in one of the regions we were investigating
Listen to the podcast
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Ministers keep innocent on DNA database
Guardian: Government accused of flouting court ruling over retention of data
More law news....7th May...
Editor pick of the day
7th May 2009
Bernard Madoff: what the secretary saw
Times: Bernard Madoff was a sexist egomaniac who frequented massage parlours and insulted his staff, according to Eleanor Squillari, secretary to the convicted Ponzi swindler for more than 20 years.
DJ Savage calls the Home Secretary a lunatic
Shock jock Michael Savage and others on UK ban list had not applied for entry
Times: A majority of the people who were named by the Home Office as being banned from entering the country have never sought to travel to Britain, it emerged today. Two of the 16 people named by Jacqui Smith as excluded from Britain are in prison in Russia where they are serving 20-year sentences. The disclosure came as a US talk-show host said that he would sue the Government for defamation after being placed on the list.
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7th May 2009
Brown told by MPs: Royal Mail plan may be your suicide note
No 10 battling to prevent huge backbench revolt
Dilemma over whether to retreat or rely on Tories
Guardian
Judge condemns police for cautioning convicted sex offender
Telegraph:A judge has condemned police for only cautioning a convicted sex offender who breached a court order before going on to abuse more children.
More law news....6th May...
Editor pick of the day
6th May 2009
John Flood's Random Academic Thoughts (RATs) : Ninja Bonsai
I have a bonsai which I've lovingly tended for a few years now. It's a Chinese Elm, about 80 years old. It lives outside all year and even though it is deciduous, it never sheds its leaves. I find it marvellously therapeutic to take my bonsai scissors and snip away trying to maintain a cloud formation...
Exposed: MI5's secret deals in Camp X-ray
Independent: How MI5 attempted to recruit prison camp inmates
Ex-City lawyer wins right to sue for £5m over Catholic school abuse
Times: The Roman Catholic Church in Britain could face a surge of US-style compensation claims over child abuse after a former City lawyer yesterday won the right to claim £5 million in damages. |
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6th May 2009
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Lawcast 131: Aimee Barnes on corruption and business in China
China is emerging as a major world economic powerhouse but so few of us have any real knowledge of the legal system or the ways of the Chinese when it comes to business.
Aimee Barnes, a New York-based business strategist and writer is passionate about cross-cultural communications and the gentle art of negotiation. Her blog is a treasure trove of content for those with an interest in China.
We focus on corruption/Guanxi , business practices, case of Garth Peterson and what it means for expat professionals in China; opportunities and impediments regarding global expansion of Chinese companies (particularly around branding, advertising, and foreign partnership
Listen to the podcast
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Charon QC covers the political turmoil of the previous week direct from Number 10. He also looks at the extraordinary alleged fraud and expense claiming antics of Baroness Uddin in All aboard the Sleaze Express... tickets, please. .
More law news....5th May...
Editor pick of the day
5th May 2009
Blawg Review #210
Dan Harris of The China Law Blog hits the spot... he writes...
"I need to change . I can change. I have changed.
So with that in mind, this blawg review repudiates my previous effort. It will be sarcastic , mean-spirited , petty , low-brow (which has always come easily to me). In short, it will be everything bad except snarky , because even the new me hates that word . It will strive to offend , to irritate , and to ridicule . Or as famous lawyer, Jackie Chiles , would say, "outrageous, egregious, preposterous." Cynicism, not peace, is the goal/theme of this post."
It is a good Blawg Review - subtle and amusing, every bit as promised above. I even get a mention - Smokedo, it would seem, has crossed The Pond.
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Guido Fawkes: You Ask The Questions
Independent: The political blogger answers your questions, such as 'Do you believe in a right to privacy?' and 'How sleazy is the Government?'
Chinese ordered to smoke more to boost economy
Telegraph: Local government officials in China have been ordered to smoke nearly a quarter of a million packs of cigarettes in a move to boost the local economy during the global financial crisis.
4th May 2009
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US education provider floats £300m BPP acquisition
Legal Week reports: " The parent company of top UK law school BPP looks set to be taken over after a US education provider made a preliminary approach for the company worth £303.5m."
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At a 70% premium on the share price it is hardly surprising that BPP's board had to consider Apollo Global's offer seriously in the interests of the shareholders so we can glean little from that public statement.
The BPP group has built up a very strong following in accountancy and more recently, in the last fifteen or so years, in Law to enjoy a deserved position at the top in the field of professional education. If BPP is sold off to the Americans, two of the three big players in vocational legal education (Kaplan is coming through steadily, it would seem) will be controlled by American companies and who knows at this stage what effect that will have on the vocational sector, let alone the traditional public sector dominated academic degree universities?
BPP enjoys degree awarding powers. BPP isn't exactly letting the grass grow under their feet at the moment. If they are sold, the new american buyers are likely to be even more thrusting and will, I suspect, prune uneconomic courses and develop into the soft underbelly of traditional degree education.
The College of Law, a charity, is the other dominant player in vocational legal education and what a very different organisation it is now after nearly twenty years of development under Nigel Savage and his team. It seems to my reasonably tutored eye, given my past involvement with BPP in the 1990s, to be run very much on commercial principles and the results show. The College is a far better resourced and far better run organisation than the College of the 1980s and earlier.
This is one to watch. Will the universities be watching? Somehow, given the experience in vocational legal education over the past twenty years, I have a feeling they may not watch closely enough and if they don't they could find that their dominance at the academic stage of legal education is slowly eroded.
Editor pick of the day
1st May 2009
From hero to zero: Gordon's cruellest month
The Independent: The host of the G20 summit has seen his reputation crumble in four painful weeks. Worse still, reports Andrew Grice, it's not events that are to blame it's the Prime Minister's judgement
Allen & Overy spawns new firm with a feminine voice
Times: The City's leading law firms do not have a proud record of promoting women to their senior ranks, but a new firm, to be spun off today from Allen & Overy, Britain's fourth biggest law firm, is set to turn the gender bias on its head. Twenty-three lawyers and support staff from Allen & Overy's private client practice, which specialises in tax planning for families with international fortunes, are setting up their own firm after they were forced out in a shake-up of the magic circle firm. The launch of Maurice Turnor Gardner is one of the most significant start-ups in the legal sector in several years and a first for a City law firm: it will be staffed and run mostly by women. All but one of the six partners are women, with only four male employees in total.
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1st May 2009
Family courts system accused of hiding evidence from parents
Times: Parents fighting in the family courts for contact with their children are being denied access to their personal files by a corrupt system, a leading parental rights campaigner has said.
Swine flu pandemic alert raised to level five World Health
Guardian: Organisation raises global epidemic threat to second highest level as numbers of infected continue to rise
Telegraph: Some Mexicans have reacted to the swine flu crisis with humour and creativity. A man wears a mask with a moustache drawn on it as he talks on his mobile phone in Mexico City |
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More law news....30th April...
Gordon Brown bruised after defeat over Gurkhas, next on table is MPs' expenses
Labour rebellion delivers blow to PM's authority
Vote is triumph for Clegg's attack on 'shameful' policy
Guardian
Guido Fawkes: Government loses Gurkha vote|
"What will put fear into the Labour Party is that it was defeated by a LibDem - Conservative alliance."
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Chop Chop... Foxtons in High Court over "Unfair Contracts"
London's most irritating or most successful estate agents, depending on your point of view, are in the High Court ' look forward to arguing the merits of the industry's position in the High Court."
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The Independent reports: "In a test hearing that will have ramifications for the UK's 15,000 letting agents, the Office of Fair Trading claims that the terms of Foxtons' residential letting contracts are so onerous and one-sided that they are illegal under consumer legislation."
From my perspective as a contract lecturer for the past 25 odd years this is an interesting case on unfair terms and contrats d'adhesion. The Indie states "At the heart of the dispute is whether landlords who fill their properties with tenants who are supplied by Foxtons have a continuing financial obligation to the agency once the original letting period finishes."
The Office of Fair Trading stated their view: "The office said it objected to terms that "potentially require landlords to pay Foxtons substantial sums in commission where a tenant continues to occupy the landlord's property after the initial fixed period of the tenancy has expired even if Foxtons plays no part in persuading the tenant to stay, and no longer collects the rent or manages the property".The government regulator stated: "Foxtons' terms can also require the landlord to pay these sums after the landlord has sold the property. The terms also demand commission where the landlord sells the property to the tenant, even where Foxtons has played no part in negotiating that sale."
I seem to recall the BBC doing a rather good programme on Foxtons and their ethical business practices. One of the advantages of Google is that one can search it. Here is the story from the BBC - remarkable. I'm sure that Foxtons won't be doing any of this...
Editor pick of the day
30th April 2009
Guido Fawkes: I'm the Prime Minister, Get Me Out of Here
The chamber fell about laughing after Gordon made a twat of himself forgetting he had a statement to make: See film
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30th April 2009
| Four years, 52 dead, £100m - no convictions
Police say further 7/7 charges unlikely
Security officials say little chance of 7/7 bombing charges as three cleared
Guardian |
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Revenue to pour quarter of its £4bn budget into battle against tax evasion
Times: HM Revenue & Customs is to spend £1 billion on enforcement and compliance this year to cut tax avoidance and evasion by £2.4 billion, Britain's most senior tax collector said last night.
More law news....29th April...
Quota system may be considered for judges
The Independent reports: Quotas for ethnic minority and women judges could be part of new proposals aimed at improving "diversity" in the judiciary. Baroness Julia Neuberger, a government adviser, said she wanted to remove "blockages" faced by applicants for judicial posts and make judges more representative of society.
Another half baked idea hit the headlines today with the idea that we should dilute the quality of the judiciary by having quotas for women and ethnic minorities to enable them to become judges. Quite apart from the implicit insult to women and minorities who are unlikely to want to be fast tracked through unless they are good enough, such a proposal is unlikely to improve the quality of judges coming forward and, ultimately, will have impact on the quality of justice in this country. Lord Judge, Lord Chief Justice, believes that judges should be appoinyted on merit alone and recently, in an article oin the Law Society gazette, encouraged solicitors to put themselves forward.
Thankfully Julia Neuberger is not known for cooking half baked pies. The Independent makes clear "Baroness Neuberger today acknowledged proposed changes might be "uncomfortable" for existing judges and said her "first instinct" was not quotas. She said the panel would look at making judges' working conditions more flexible, consider part-time working and career breaks."
Justice for Gurkhas petition
Join The Daily Telegraph's campaign to help seek Justice for Gurkhas, calling on ministers to grant them the right to live in the country they have served. |
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Neuroenhancers and lawyers
Professor Simon Fodden, Slaw: A fascinating blog post about the use of neuroenhancers to improve memory, attention span, performance. Will lawyers be drawn to them? Will lawmakers require certain professions to use them in the future - doctors, pilots - anyone whose job requires enhanced levels of performance.Will lawyers be negligent if they don't use them in a future world? A good read. |
Editor pick of the day
29th April 2009
Barrister falls down manhole during crime scene visit
Telegraph: A barrister fell down a nine foot deep manhole and broke his hand during a jury visit to a crime scene.
James Howard was personally welcomed back into Chelmsford Crown Court by the judge presiding over the trial with the words that he was "bloodied but unbowed".Mr Justice Ian Burnett acknowledged Mr Howard as he came into court.
Mr Howard replied: "I've turned up even though I felt a bit drained."
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Inner and Middle Temple libraries to merge.
I discovered this on Facebook and wrote a piece on my Charon blog. I would be very interested in your thoughts on this. Please comment |
24th April 2009
Misleading the public and the judges?
In two quite separate matters it would appear that the government has provided misleading information and the two seen together may well point to a deeper malaise, an issue of trust and whether the word of the government can be relied on. The Independent reports that the Government misled two senior judges over the release of secret torture evidence in the case of the former Guantanamo Bay detainee Binyam Mohamed, the High Court heard yesterday. It would seem that the Prime Minister may have gilded the lily over the threat to national security. The Independent reports this morning: " The case against 12 Muslim men involved in what Gordon Brown described as a "major terrorist plot" amounted to one email and a handful of ambiguous telephone conversations, it emerged last night after all the men were released without charge. "
What with the IPCC trying to stop publication of further G20 footage of police excess and police officers covering up their epaulettes and serial numbers, it wouldn't surprise me if we next have the Chancellor of The Exchequer telling us that all will be fine in 2011 and we can expect the British economy to grow rapidly once we take the hit of a shrinkage in our economy this coming year by 3.5%. (How about 4%+?) Still, the government was able yesterday to divert attention from the budget with their manifesto busting 50% taxation plan, itself no Laffering matter and reports came in of a Romanian style staged demonstration in Westminster to deflect attention. This rather backfired as it appeared not to get the coverage perhaps hoped for.
Speed dating for the credit-crunched?
and a revised forecast for law schools.
Read
More Editorial....21st April
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The story behind Dispatches: The Westminster Gravy Train
Your right to know:
The Palace of Westminster is meant to be the mother of all Parliaments.
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"It is lauded as a beacon of democracy. Dispatches set out to examine the state of our primary political institution: how democratic is it and how accountable are MPs and Lords to the citizens they are meant to represent. I had my own reasons for being concerned with the state of our democracy. When I first made a freedom of information request for a detailed breakdown of MPs' expenses five years ago I was pretty much laughed at. It was considered inconceivable that the average member of the public could be allowed to trawl through an MPs' personal' receipts. I put the case that these receipts had nothing to do with an MPs' personal life. Expenses and allowances can only be claimed to meet costs incurred on MPs' parliamentary duties. There should be nothing personal about them. Five years on and having won a case in the High Court I am still waiting for these receipts."
More...
Do You Believe Your Own Eyes, or Kevin Maguire?
Guido: While Guido does have a detailed picture of the discussions held at Labour HQ, the attendees at the two Red Rag meetings held at Unite HQ are less loquacious. Look at the people at that meeting; Andrew Dodghson, Charlie Whelan, Damian McBride, Derek Draper were all copied in on the shocking smear emails as proposed by McBride. These are not people through whom the milk of human kindness runs. More... |
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Budget Week: Darling Facing up to Reality
Capitalists at Work: I was actually quite pleased to see the No11 Spinners around today in the media and various 'Badger' quotes. In it Darling has agreed that things are bad , the light has gone on and we need to make some urgent changes to the fiscal order of the UK... More...
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Blawg Review #208
For those of you new to Green Patent Blog, welcome. We operate at the intersection of IP law and all things green, clean, or renewable. We're especially pleased you could join us during Earth Week , which of course, includes Earth Day . So as we cover the law blogs today, we'll put a special emphasis on the green and earthy. |
Earlier editorials...
All previous daily editorials and news reports/links are archived on the insitelaw blog....
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