The Barrister Magazine - Essential Reading for Barristers


	THE INDEPENDENT MAGAZINE FOR LEGAL PROFESSIONALS	Issue #22

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Restrictions on Evidence or Questions about the Complainant’s sexual History By Peter Rook QC *Criminal Bar Association sponsored research into the operation of Section 41 published on 20th July 2004* The issue of the relevance and admissibility of previous sexual history evidence often provokes controversy. It has led to debates on the role of judicial discretion in this area, on the extent the courts can use the interpretative power conferred by section 3 of the Human Rights Act 1998, and above all how best to resolve the natural tension between protecting the complainant’s privacy and dignity and the accused’s right to a fair trial in a proportionate manner.

The forensic accountant’s role in dispute resolution By Emile Woolf, Head of Forensic Accounting services at Kingston Smith, Chartered Accountants, and a CEDR qualified mediator Having for over 20 years provided accountancy support to parties in dispute, I find it interesting to reflect on the changing perceptions of the accountant’s role. What used to be considered an optional “add-on” is now an essential ingredient in an established procedural framework that governs form, legitimate content and timing.

Special Advocates and Secret Evidence By Dr Eric Metcalfe Barrister and Director of Human Rights Policy, JUSTICE The use of secret evidence has something of a poor reputation in English law. The idea that someone could be imprisoned – for instance – without having the opportunity to challenge the evidence against them has never been a wildly popular one, but the infamous reputation of Star Chamber in the days of James I and Charles I helped to cement the idea that holding secret hearings of evidence in the absence of an accused was generally a bad thing

Introducing Pre-paid cards into the United Kingdom "Overcoming the legal and regulatory hurdles" By Robert Courtneidge, Partner, Osborne Clarke Solicitors As the UK consumer credit market braces itself for the latest changes I am taking a look across the pond at the latest payment phenomenon in the USA the "Pre-Paid Card". At its current rate of growth it is predicted to have more than 50% of the payments market within 10 years - so what is it?… and what are the legal and regulatory challenges it faces?

Reasonable Royalties in the Absence of Comparable Licensing Transactions By Michael Taub, National Head of Forensic Services for Baker Tilly and Gregory J. Urbanchuk Senior Manager in the Forensic Services Group of Baker Tilly We are often asked to provide expert evidence associated with the quantification of damages arising from intellectual property disputes. In this article, we consider some of the factors surrounding the quantification of a “reasonable royalty” in the absence of comparable licence transactions. For simplicity, in the remainder of this article we refer to the holder of an intellectual property right as a patent holder.

PD’s call to ARMS – new conflicts ahead? By Michael Cohen who is Chairman Emeritus of The Academy of Experts The Government’s much publicised pledge to settling its disputes by ADR was seen by some as a cost saving exercise and by others as more words. The threat of costs sanctions for the recalcitrant litigant appeared to be largely ignored.

Getting justice for people: the law as a public service By Stephen Irwin QC, Chairman, Bar Council There is a duty on all of us who are concerned about the maintenance of a balanced and accessible justice system, to argue the case for the reform and enhancement of the publicly funded legal services sector. That is in the public interest, and in the interests of justice.

The Criminal Cases Review Commission: Seven Years On By Leonard. H Leigh, Ph. D., Of the Inner Temple, barrister, Member, Criminal Cases Review Commission Created by the Criminal Appeal Act 1995 and brought into operation as of April 1, 1997, the Criminal Cases Review Commission is now an established criminal justice institution whose functions are four-fold; to investigate alleged miscarriages of justice both in relation to conviction and sentence and to refer them, where appropriate, to an appellate court, to investigate matters referred to it by the Court of Appeal, to inform the criminal justice system as a result of its experiences and to help to sustain the integrity of the criminal justice system. The first two functions are statutory. The latter two may be regarded as useful by-products of the system.

Partners in Crime? By Richard Miller, Director of the Legal Aid Practitioners Group There was widespread hostility from the solicitors’ profession earlier this year, towards the Government and the Senior Bar, when the Lord Chancellor announced a deal for the Bar worth £17 million under the Very High Cost Criminal Case regime. Why was there such hostility? And was it justified?

What should be expected from today’s online Chambers Management Systems David Randall, Managing Director of Formation Software A practical and pragmatic look at what barristers and clerks need from their Chambers Management System. In this special report for The Barrister, he looks at the historical context behind these requirements and provides a check-list to assist anyone reviewing their chambers software solution