Law

Sam Hallam is freed

2012-05-17T18:42:20+00:00

After seven years in jail for a crime he did not commit, Sam Hallam was released on bail today. This case shows that miscarriages of justice are still with us, and highlights the role of the Criminal Cases Review Commission. It appears that photos on Mr Hallam’s mobile phone may have shown the jury that the alibi that he relied on was not “a concoction”. It is also interesting to note that Mr Hallam’s exercising of the right to silence during his interview may not have helped matters.Of course, following the Criminal Justice and Public Order Act 1994 it is now possible for the jury to draw adverese inferences from this that historically it was not. See below for a video clip. The Sam Hallam campaign website is also full of useful content.

Civil Courts “face meltdown”

2012-05-16T09:57:52+00:00

...or so says the Gazette - the magazine for solicitors, and not exactly given to hyperbole. Plans to cut face-to-face counter services seem particularly difficult from an access to justice point of view, given the large amount of litigants in person created by the cuts to legal aid, as the Gazette points out.

The Queen’s Speech

2012-05-09T13:47:34+00:00

Today the coalition government sets out its legislative agenda for the coming year via the State Opening of Parliament and in particular the Queen’s Speech. The Guardian has a great picture gallery to bring the pageantry to life here. Amongst the potential enactments is reform of the House of Lords, although whether this will become reality is anyone’s guess! The BBC has a fab Bill-by-Bill rundown here, and Nick Robinson’s behind the scenes video guide is a good resource too.

Sexism at the bar?

2012-05-03T13:40:13+00:00

Equality and diversity in the legal profession continues to be a live issue, and a relevant discussion point for AS students. There’s a cracking article on the issue here, and an interesting range of views “below the line” as well!

Tesco Law, John Lewis-style ads and ABSs

2012-04-02T19:57:40+00:00

This glossy new ad from the high street network of solicitors branded as Quality Solicitors, now backed in part by private equity firm Palamon Capital (paywall) under the new rules for Alternative Business Structures under the Legal Services Act, shows one of the potential advantages available to firms that can now raise money from outside investment. Louise Restell on the QS blog has a wider take on the significance of the ABS - seeing it as delivering choice and quality to customers. Not everyone sees it that way, however, with critics worrying over the quality and independence of advice

Tom Bingham and the Rule of Law

2012-03-23T13:13:44+00:00

One of the finest minds in English legal history, Lord Bingham, passed away last year. His book, “The Rule of Law”, is essential reading, as BabyBarista explains. This giant of the English legal landscape is seen as a hero by the likes of both Shami Chakrabarti and Peter Oborne - quite a feat. As Lord Chief Justice, he was prepared to fight for the idea of the rule of law, particularly when it came to the issue of terrorism. The Independent, amongst many others, regard him as the greatest judge of his time. For a more in-depth review of The Rule of Law, click here.

New MoJ Site

2012-01-24T17:06:26+00:00

The Open Justice website is now a great resource for students to use on sentencing and, amongst other things, the proposed changes to the criminal and civil court systems.And of course there’s fab sentencing resource You Be the Judge...

Jury trial under threat…again!

2012-01-17T16:22:29+00:00

It looks like the latest victim of government cuts could be the right to trial by jury for some offences that are currently triable either way. This follows a report from the Commissioner of Victims of Crime, Louise Casey, and also follows the swift justice meted out to the rioters of summer 2011. Although jury trial itself will stay, according to the government, we may see a reduction in the number of either-way offences together with an increase in the sentencing powers of Magistrates. The proposal is much criticised, including this article and also a piece by famed QC Michael Mansfield, who calls the proposals “pathetically predictable”. Plenty for your AS students to get their teeth into!

R v Dobson & Norris

2012-01-04T17:44:19+00:00

Mr Justice Treacy’s sentencing remarks in the Stephen Lawrence case are now available to view. A fantastic source to give to the students - ask them to identify aggravating and mitigating factors referred to by the judge. The BBC also have a good clip here from an interview prior to the sentences being passed in which a barrister explains how the judge will approach matters. It’s also useful for illustration of the impact of Schedule 21 of the Criminal Justice Act 2003 on sentencing for murder - as the offence in question was prior to this, the Act does not apply to Dobson and Norris. A high profile case and a topic which should also provoke discussion of the aims of sentencing. See below for a brief video clip!

A Christmas Contract

2011-12-13T08:29:25+00:00

The fab The Bizzle has the following correspondence for us in respect of an Agreement for the Delivery of Presents. Something to brighten our mood as we mark endless mocks….

Quality problems for the judiciary?

2011-12-08T15:18:51+00:00

Barristers continue to do very nicely, thank you; at least at the commercial bar, where earnings in the region of £500,000 are average, and pupils are paid £65,000. However, this in turn raises the question of the impact on recruitment of quality personnel to the ranks of the judiciary, with the Chancery Division of the High Court particularly affected. it’s probably not a good idea to mention this problem to any friends of yours at the tougher end of the criminal bar…. Another problem affecting the judiciary relates to selection of judges, and the use of veto by the Lord Chancellor - Ken Clarke, a politician, has blocked the appointment of two of the Judicial Appointment Commission’s choices for tribunal members this year, with obvious implications for judicial independence and the separation of powers.Not much point having an independent Commission if this is going to happen, you may well think. Two stories with interlinked themes in terms of their impact on the judiciary for your students to ponder, with plenty of insight for evaluation purposes.

Rainy Sky v Kookmin Bank

2011-12-07T21:22:55+00:00

Fab case name, and a helpful point for A2 Contract Law students considering construction. It is well established that, in constructing the meaning of a term, the Court will take an objective approach - they will look through the eyes of the reasonable man, assuming relevant background knowledge. In this case, the Supreme Court follows the reasoning in Schuler v Wickman. Rather than only departing from the above test only where it produces a result so extreme as to suggest it was unintended, where there are two alternative meanings, the Court will prefer the one that makes business sense, as per Lord Clarke: If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.. This is also a relatively short and digestible judgment for more able students to have a look at.

ECJ rules on stem cell research

2011-12-06T07:15:16+00:00

The ECJ has ruled that it is not permissible to patent the results of stem cell research within the EU. To do so the Court interpreted a Directive banning research that prohibits research resulting from the destruction of a human embryo widely, Article here. A good example of the work of the ECJ in interpreting Directives, and of statutory interpretation. The decision also poses questions from a law and morals standpoint. Will it drive research funding and jobs outside the EU, or is it an important step in preventing the privatisation of such knowledge for commercial gain?

The Solar System of the Courts

2011-11-29T07:22:16+00:00

This is a fantastic interactive resource for illustrating flows through the criminal justice system.

Lay or DJ?

2011-11-18T07:02:40+00:00

Are professional District Judges better than lay Magistrates? This article is perfect, based on the MoJ’s recent report. Fewer differences than you might think, apparently… perhaps get your students to list the comments on lay magistrates and District Judges made in the article, and use them for a debate! There’s also some welcome criticism here of the old Auld report proposals for a new middle level of Court between Mags and Crown.

A Single European Contract Law?

2011-10-31T10:02:39+00:00

The European Commission is currently consulting on this idea, which EU Justice Minister Viviane Reding describes as “an historic opportunity to drive economic growth by easing the cost of cross-border transactions” and an opportunity to “make a quantum leap towards a more European contract law.” A full range of options is on the table, from non-binding model rules to implementation via Directive or Regulation, or even as part of a fully-fledged European Civil Code, which would doubtless require a new Treaty. Not everyone sees this idea as a boon, however. Ken Clarke has described it as an “Esperanto fallacy” and the idea is opposed by, amongst others, the Law Society, who are alive to the potential threat to UK legal firms posed by a potential European Civil Code. This story is just full of material for law students. For example:

Sentencing Stats

2011-10-28T10:39:08+00:00

The Sentencing Council have released stats for Crown Court sentencing from October 2011-March 2012. Some intersting stats to use with your students on sentencing - for example:

Podcast: Public Inquiries

2011-10-27T09:47:43+00:00

This is a great podcast by the BBC’s Law in Action team on public inquiries - including, topically, the inquiry into the Hillsborough disaster, and featuring some scathing criticism from Lord Falconer. Good material on miscarriages in particular and inquiries generally.

The Supreme Court - VIDEO

2011-10-26T06:25:56+00:00

This is a fab video on how Supreme Court Justices reach their decisions, straight from the Justices themselves:

Do we need more pupillages?

2011-10-26T05:44:37+00:00

Thought provoking article by Zoe Saunders in The Lawyer on the continuing popularity of the BPTC despite the fact that the number of pupillages continues to fall. An expensive gamble at £10-15,000 per course… (via CharonQC). A good example for AS students of the uphill battle facing prospective barristers.

Must-read!

2011-10-11T18:51:59+00:00

This is just a fantastic article for AS Law students on the Supreme Court, Appeals, Dissenting Judgments, Parliamentary Sovereignty, the Rule of Law… and the force of nature that is Lady Hale. Who will the new President of the Supreme Court be when Lord Phillips retires? Unusually for the interweb, the comments are excellent too. Someone even mentions Factortame!

Self-Defence

2011-10-07T11:19:28+00:00

I don’t blog about Criminal Law that often, probably because I teach Contract at A2. However this story on that tabloid favourite, self defence, seems too good to miss… Talkinf of which, there’s a cracking summary of the law in this area here by reknowned academic Gary Slapper.

The ECJ…

2011-10-05T06:02:58+00:00

is of course the highest Court in the English Legal System. This week has seen a nice example of the ECJ creating a precedent that will change matters across the continent. I’m talking, of course, about the ruling on satellite broadcasting of Premier League football brought by a Portsmouth landlady. Although the impact of the case is likely to be limited to permitting the private use of foreign broadcasts, the ruling will pose challenges to the Premier League’s ability to negotiate TV deals within individual EU states on the basis of exclusivity. A good example of the ECJ’s influence in areas such as competition law. See below for a video clip!

Modern Legal Apprenticeships

2011-09-27T17:45:00+00:00

As AS Law students will no doubt be about to learn, a legal education can be an expensive business when you factor in the cost of a degree as well as GDL/LPC/BVC depending on your chosen route into the profession. Perhaps it’s not too surprising then to see that lawyers themselves are now arguing that the time is right for a new route into the profession in the form of Modern Legal Apprenticeships. Strangely, these almost hark back to the old days of doing your “articles” by on-the-job training. For an example, see the scheme run by prestigous firm Pinsent Masons in conjunction with ILEX - so a route to qualifying as a legal exec, but into commercial law and with the chance of a training contract always there…

No more referral fees

2011-09-09T06:54:00+00:00

Interesting news on the legal funding front as the practice of paying referral fees, whereby insurance companies, breakdown firms or car repairers sell on information to claimant solicitors, is to go. The government (and industry figures) reckon it is pushing up premiums and encouraging compensation culture (if such a thing exists….). Ths, together with the Legal Aid and Sentencing Bill which will require any success fee to be paid by the claimant rather than the defendant, amounts to a radical shift in approach which may eliminate some spurious claims. Let’s hope that cases of genuine injury are not put off claiming damages where they are due, however.

On Duty

2011-09-07T15:58:00+00:00

Cracking article here on what it’s like to be a duty lawyer at a police station. A good way to illustrate that being a solicitor can be a surprisingly varied job - contrast this experience with that of, say, someone working on deals in the City… or a family lawyer involved in divorce and custody battles. The article itself is a rich source for AS law students, featuring mention of PACE, an example of an EU Directive, and also mention of the new Legal Aid Bill currently going through Parliament, which places the role of the duty lawyer under threat - in itself a great point for debate!

Sentencing - LIVE!

2011-09-05T18:49:00+00:00

It looks as if the government are set to announce that sentencing (in the wake of the riots, presumably) is to be televised in future - although not the trial process itself. Nice link to the sentencing aim of denunciation. Let’s hope judicial reasoning behind sentences passed is covered properly too…!

Bonkers bye-laws

2011-08-24T16:30:00+00:00

The top 10 craziest by-laws have been named by Sutton Council as part of a battle against bureaucracy. My favourite is: The person having control of a steam-powered whirligig will bring it to a standstill if a person becomes ill. No more whirligigging for me then when people start looking queasy…. A nice way to brighten up this type of delegated legislation. Perhaps you could ask your students to come up with their own!

Judges reading the Riot Act

2011-08-19T06:51:01+00:00

Well, plenty of discussion material for law teachers as a result of the, er, aggravated shopping that went on this summer in our major cities. Magistrates advised by clerks to toughen up… sentencing guidelines on the back burner… certainly food for thought. The riots are a clear example of an aggravating factor, but does this justify apparently inconsistently harsh sentencing? Yes, according to top Manchester judge Andrew Gilbert QC, who stated that it was “perfectly proper” to depart from sentencing guidelines in the circumstances. And depart they have - with sentences on average 25% tougher than normal and 70% of offenders jailed compared to a normal rate of 2% in the Magistrates’ Court. Is he right, or do such sentences ultimately undermine public confidence in the fairness of the system? Former DPP Lord Macdonald thinks we need new guidelines for such situations - there’s a good discussion on Thursday’s Today Programme. Also a good topic to prompt debate on competing sentencing objectives. Is this deterrence, or retribution? Is either approach the right one?

A landmark case for the jury

2011-07-20T10:12:00+00:00

New ground broken in the last week as a Crown Court judge dismissed a “nobbled” jury and convicted four defendants accused of benefit fraud to the tune of £112,000. Recorder Caroline English sitting at Wood Green Crown Court became the first judge to make use of powers under s46 Criminal Justice Act 2003 to dismiss the jury where the judge is satisfied that jury tampering has taken place and that it is fair to continue without the jury. The thin end of the wedge for jury trial, or a sensible way of avoiding the costs of a retrial? A good case to get students thinking about balancing liberty with other considerations, and the strengths and weaknesses of jury trial.