Building rapport within mediation

Mediation is a powerful tool for resolving disputes and one of the key pillars of mediation is the trust that the mediator is able to build with and between the parties, often in a short space of time. Trust cannot be assumed, simply because all the parties have agreed to mediation, possibly the choice of…Continue Reading

The role of Litigation PR outside and inside the courtroom

  The asymmetric approach King Pyrrhus of Epirus famously said: “If we are victorious in one more battle with the Romans, we shall be utterly ruined.” He was talking in 279 BC about the large number of soldiers he had lost in the battle of Asculum, but today he could just as easily have been referring to…Continue Reading

Robots in the Court?

It is no secret that certain technology companies have set their sights on revolutionising entire industries. From driverless cars to automatic medical diagnosis, some experts in Artificial Intelligence have even gone as far as to predict that within a few decades, no humans will be needed in the workplace. The precise effects of technological change…Continue Reading

Guilty or not guilty – can the computer decide?

  Algorithms and artificial intelligence (AI) have become ubiquitous: they track our movements through the GPS in our smartphones; in the health system they help offer diagnostics to cure diseases; they influence our finances by determining our credit rating and they even beat mankind’s greatest chess and Go players. Until relatively recently, the justice system…Continue Reading

 ‘A forum for debate about extradition?’

On 31 July the Lord Chief Justice, Lord Burnett of Maldon, handed down perhaps the most surprising judgment yet to address the issue of forum in extradition law. His decision to bar the extradition of Stuart Scott to the US[1] for offences of wire fraud garnered scant media attention, certainly when compared to his decision…Continue Reading

The dawn of cryptocurrency in divorce

  Recent reports suggest that a growing number of divorce cases in the UK involve cryptocurrency, such as Bitcoin, as an asset listed by separating partners. In some cases, there has been a suggestion that one partner is using cryptocurrency to hide assets from the other. In such cases, in theory, the court can order…Continue Reading

An overview of vulnerable witnesses in family law cases

 The issue of how vulnerable witnesses are examined in court is by no means a new issue, but it is one that has regularly been hit by the spotlight in recent years. This is due to a variety of factors but perhaps one of the biggest is the introduction of the Legal Aid, Sentencing and…Continue Reading

Forensic Video Analysis: When to Seek an Expert

 Forensic video analysis (FVA) is defined as the scientific examination, comparison and/or evaluation of video in legal matters.1 A short description for a huge variety of tasks, encompassing all the components of the Video Forensic Process as detailed by the UK Forensic Science Regulator, (Digital Forensics – Video Analysis, FSR-C-119) 2: field retrieval; laboratory retrieval;…Continue Reading

Video Evidence: Handle with Care

Some of the new simplicities afforded to us can, unfortunately, cloud ones’ judgement when dealing with images and video for legal use. Technology has, in most parts, made things incredibly easy. Take the example of photographs and video.  We all now love to quickly snap a memory or record some footage of an event. We…Continue Reading

Addressing the challenges of financial management in chambers

 No one welcomes having to pay their rent, but it’s a fact of life for a member of chambers. For many, the role of Treasurer or being the manager tasked with financial management of a set means being faced with an unpleasant challenge. There is a potential conflict of interest between a chambers and its…Continue Reading

Statement by Chair and Vice-Chair of the Bar

Having sought the views of its members, the Criminal Bar Association has today issued its statement on the state of the criminal justice system and on the funding of criminal legal aid.  This sets out the stance of both the leadership of the association and of the Criminal Bar at a grass roots level.As Chair…Continue Reading

As with most things, the cheapest option is not always the best

Price is currently the main deciding factor for the instruction of an expert witness instructed in serious criminal cases It is not often that a purchasing decision is made on price alone. Normally a variety of factors are combined by individuals in making the choice of day-to-day services, including builders, who may be employed on…Continue Reading

Fraud in Science: the Bigger Picture

Cases of fraud within published scientific research are on the rise, with several recent cases involving the falsification of images. The legal system must ensure it has the knowledge and processes in place to handle such cases The romantic view of science depicts it as an objective fact-based discipline in which hypotheses are put forward…Continue Reading

Improving Access to Justice? What the Changes to Cost Capping in Planning and Environmental Claims Really Mean?

Killian Garvey, planning & environmental law barrister at Kings Chambers, discusses the recent High Court ruling to re-impose fixed costs for disputes in planning and environmental cases.  You will likely have the seen the headlines which accompanied the decision taken by the High Court last September to re-instate fixed costs for disputes in planning environmental…Continue Reading

Could digital technology transform your chambers?

Digital disruption is here and it’s happening – even within the seemingly conservative and traditional judicial element of the legal profession. As with any change, it has caused some consternation but, with the right tools and forward-thinking leaders, digital transformation can be a powerful business enabler. It allows a firm to identify the changes required,…Continue Reading

Modern Setting

“We work hard, we get better, we want to help those who want to excel, we want to lead by example and we want to teach: we want to raise the Bar”.  At a time of change and challenge for the profession, these opening words from Andrew Langdon QC at the 2017 Annual Bar and…Continue Reading

Criminal justice post-Brexit: could the UK be left out in the cold?

The Government’s recently published policy paper: “Security, law enforcement and criminal justice – a future partnership paper”[1] would have been a reassuring read for most criminal justice practitioners.  Although light on technical detail it is a welcome statement of support for EU Justice and Home Affairs (JHA) measures which, it is stated without qualification, make…Continue Reading

Copyright © 2015 The Barrister. All rights reserved.