Romanian criminals avoid extradition under UK law

Reports that loopholes in the law allow Romania criminals to avoid extradition due to prison conditions are short of the mark. There are no legal loopholes only a massive and persistent failure of the Romanian Government to comply with human rights minimum standards. There are serious and persistent problems with Romanian prisons.  The problem was…Continue Reading

“To boldly go” – Free speech today in the US supreme court

The United States Supreme Court (SCOTUS) has been flexing its muscles in relation to various forms of official censorship. In two important rulings handed down on 19 June 2017, the so-called “Slants” case and the case of Packingham v North Carolina, the Court has come down uncompromisingly in favour of free speech, albeit in two…Continue Reading

Co-operation on security and law enforcement post-Brexit

Imagine sometime after 29 March 2019; a large bomb is set off in a French railway station, killing hundreds of people, and it turns out that the United Kingdom government had information on those planning the attack but did not pass this onto the French because certain aspects of reciprocal information sharing had not been…Continue Reading

Why pro bono makes good business sense

  For nearly 30 years, most of the large US law firms that comprise the Am Law 100 have published their figures showing how many pro bono hours their lawyers give on behalf of a range of good causes. American lawyers are acutely aware that pro bono is a professional responsibility, as demonstrated by their…Continue Reading

The future of litigation analytics

The relentless march of digitisation has many consequences. While businesses across every sector and industry continue to move towards a digital future, they also have to adapt their approach to customers, services and products. They need to adjust to a real-time, information rich, online marketplace that has become the norm. The same is true in…Continue Reading

Should there be a new sexual offence of public place voyeurism?

On 3 August 2017, Rector Martin Thrower was sentenced to four months in prison (suspended for 24 months) for filming a teenager who was using a public toilet in a shopping centre. He had been convicted of voyeurism, contrary to Section 67 of the Sexual Offences Act (the ‘Act’).  This clearly stipulates that the offence…Continue Reading

What next for Public Legal Education?

 New initiatives which more than scratch the surface of PLE  An interview with Tom Tugendhat MBE MP, Chair of the All Party Parliamentary Group on Public Legal Education (PLE) “Ignorance of the law is no excuse”.  How often is that phrase thrown at people? Frankly, far too often, as readers of “The Barrister” will probably…Continue Reading

Managing Cyber-Risks

Cyber security and the risk of cyber-attacks are suddenly at the top of every business’s agenda, and particularly those of lawyers. The recent Worldwide “Petya” and “Wannacry” cyber-attacks are focussing attention on the risks of such attacks and how organisations can protect themselves. The phrase “cyber-attack” is used to cover a multitude of sins and…Continue Reading

GDPR – It is not all about IT

  By now, if you have not heard of or seen 1000 references to the General Data Protection Regulation (GDPR), then I can only assume that you either have been hiding under a stone, or have elected to live with your head firmly inserted in sand. There is nothing to fear however. With the right…Continue Reading

Can you trust what you show in Court?

  If you present an object, an image, or a story to a courtroom, you must be able to trust that it is accurate. How then, do you trust an image – a digital photograph, a snapshot in time of an object, a person or a scene? Do you trust what the photographer says? Or…Continue Reading

The future of UK Family Law post-Brexit – What happens next?

There is considerable uncertainty surrounding a number of legal issues in the UK at the moment following the country’s vote to leave the EU, with both sides of the negotiating table keeping their cards very close to their chest. Whilst the majority of people are focused on the economic aspects of the deal, one point…Continue Reading

The continuing global rise of litigation funding

Barely a week goes by without a major announcement from one of the big players in the world of litigation funding. This is a symptom of the industry’s rude health. However, funding isn’t just thriving in the established markets of the UK, US and Australia. This global growth can be attributed to ambitious funders seeking…Continue Reading

Scotland prepares for compensation culture

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill is currently before the Scottish Parliament’s Justice Committee. The Bill proposes significant changes to the way that personal injury and other litigation is funded and managed in Scotland, with the aim of increasing access to justice, providing equality of arms between claimant and defender in litigation…Continue Reading

The modern era of Judge-led Reform

Most barristers with a passing interest in court reform will have been aware in recent years of a clutch of reform initiatives led by senior judges, which concern the administration of justice. In the last five years for example we have had the benefit of Mr Justice Ryder’s[1] ‘Judicial Proposals for the Modernisation of Family Justice’ (2012);…Continue Reading

The changing role of the clerk in the modern age

 As the recruitment process gets underway for a new Bar Council Chief Executive to replace Stephen Crowne, who is retiring this August, it is an interesting time to take a moment to contemplate how familiar we have all become with the role Chief Executives take at the Bar. At one time it was unthinkable that…Continue Reading

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