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| The
Clementi Report, LDPs and Outside Ownership – a view from
the Bar
By Guy Mansfield
QC, Chairman, Bar Council
In his review Sir David Clementi recommended
two changes of substance to the possible structure and ownership
of legal practices. The first was the concept of legal disciplinary
practices, LDPs; the second, the idea that non-lawyers might be
able to own part or, indeed, all of the equity in a legal practice.
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David Clementi’s report is shaping up to dominate the legal
landscape in 2005
By Edward Nally,
President Law Society
I believe the report maps out opportunities for
the legal profession that it would be foolish to ignore. |
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| Pensions
Simplification: how the forthcoming changes in the pensions regime
will impact on barristers
By Stuart J. Grennan, Executive Director,
Heath Lambert Consulting Limited
‘A’-day represents
a landmark day in pensions legislation. Effective from the 6th April
2006 the current complicated and fragmented pensions regime will
be swept aside in a radical change to retirement planning. |
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Tailored Fixed Fee system - The first small step in a long march
into an entirely new legal landscape
By Richard Miller, Director,
LAPG
The Legal Services Commission
has come up with a new solution to the perennial problem of the
increasing legal aid budget. It wants to move to a system of paying
for outputs instead of inputs. |
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The
Legal Services Commission’s tendering pilot
By David Spens QC,
Chairman, Criminal Bar Association
The LSC is determined to
sacrifice choice, quality and specialist skill in the pursuit of
a cut-price justice system
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Polygraph tests do lie
By Professor Ray Bull of the University of
Leicester and Chair of the British Psychological Society’s
working party on Polygraph Deception Detection.
Throughout history it has often
been assumed that lying can be detected by examining changes in
bodily activity - but we are actually deceiving ourselves if we
believe there will ever be an error-free way of detecting deception.
Polygraph tests in particular should not be ascribed special status..... |
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| The
proposed extension of ‘naming and shaming’ to the Criminal
Youth Court for breaches of ASBO’s
By Pam Hibbert, Principal Policy Officer,
Barnardos
The ability to ‘name
and shame’ those made subject to anti social behaviour orders
was a clear intention by legislators in the Crime and Disorder Act
1998 and subsequently confirmed in court cases . Because ASBO’s
are a civil measure, local authorities can publicise and distribute
details and photographs of perpetrators. |
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| Sentencing:
When are sentences consistent?
By Kevin McCormac O.B.E., M.A., Barrister
Head of the Sentencing Guidelines Secretariat
For over 30 years, sentencing
guidelines have evolved as a way of helping courts and of narrowing
the gap between what Parliament sets out in legislation and what
happens each day in court |
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| Climate
Change and New Labour
By Tony Juniper, Executive Director of Friends of the Earth and
the Vice Chair of Friends of the Earth International
Daffodils are already in flower. The male blackbird in my
garden started singing weeks ago and the grass, having carried on
growing all winter, is as green as if it’s already the height
of spring. The world around us is changing fast, and it’s
not just the view from the kitchen window which confirms that fact. |
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| Widespread
of concern about overcrowding in prisons
By Rob Allen, Director of the International Centre for Prison Studies
(Formerly Director Rethinking Crime and Punishment)
The Government has made much
of the need to rebalance criminal justice in favour of the victims
of crime. Alongside rhetorical promises to end the liberal consensus
on law and order, allowing evidence of previous misconduct and changes
to the hearsay and double jeopardy rules have reduced the rights
of defendants in the hope of increasing convictions.
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| Forensic
Accounting Experts in Criminal Cases
By Tim Vogel, committee
member of the ICAEW Litigation support specialist interest group
You might think it will bring specialist
knowledge, perhaps specialist skills, and in some cases gravitas
or standing. These are all key parts of the good expert’s
role, but you should also include clarity of explanation, greater
experience in a particular field, and a fresh mind and outlook.
While the first group of attributes should be provided by any reputable
professional offering their services, the second set is not as widespread.
You need someone with particular specialist skills. |
