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Conflict, Clausewitz & the Court of Appeal

Of politics, schoolmasters and judges: Paul Marshall reflects upon the recent Court of Appeal decision in Denton v T H White and the fallout from the decision in Mitchell v News Group.  

If one settling a pillow by her head,  Should say, “That is not what I meant at all  That is not it, at all”  

T S Eliot, Prufrock 

29 September 2014 / Paul Marshall
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Youth justice: Ripe for reform

The Independent Parliamentarians’ Inquiry into the Operation and Effectiveness of the Youth Court reported in June. Lord Carlile, who chaired the inquiry, explains its findings to Counsel.  

June 2014 saw the publication of a far reaching All Party Parliamentarians’ report on Youth Justice. 

29 September 2014 / Lord Carlile of Berriew CBE KC
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COIC pupillage matched funding scheme

Nathalie Lieven QC explains the Council of the Inns of Court’s first six funding scheme.  

As readers will know this is a very hard time for chambers that rely on publicly funded work, particularly those doing crime. One of the worst consequences of the extreme financial pressure that many chambers find themselves under has been a dramatic fall in the number of pupillages available, again particularly in criminal sets reliant on public funding. Although the reduction in pupillages is wholly understandable, it makes even worse the disparity between the number of people who complete their academic training but are unable to get a pupillage, and must place in jeopardy the future of the criminal Bar. 

29 September 2014 / Mrs Justice Lieven
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60 second interviews

The diversity of the employed Bar.  

A popular misconception when considering the employed Bar is assuming that roles are either in a solicitor’s firm or in the Government Legal Service or CPS. To dispel this myth, Melissa Coutinho begins a series of 60 second interviews which demonstrate the diversity of work that employed lawyers undertake. 

29 September 2014 / Melissa Coutinho
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Access to Justice

Lance Ashworth QC examines the unappreciated effects of legal aid cuts and how the Bar can help.  

More than a year after the significant cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Ministry of Justice has published statistics showing that spending on legal aid fell £150 million to £800 million in 2013-2014, the lowest level since 2007. 

29 September 2014 / Lance Ashworth KC
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A view from London

Lord Judge gives his own view on the European Court of Human Rights.  

This response to the recent article in Counsel by my respected friend Dean Spielmann, President of the European Court of Human Rights at Strasbourg, addressing what he identified as the two main criticisms of the Court, is entirely personal. 

29 September 2014 / Lord Judge / Lord Judge
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Westminster Watch

On the eve of the Scottish referendum, Mark Hatcher reflects on politics either side of the border and conference season for all parties.  

When Tip O’Neill, the former Speaker of the US House of Representatives, died President Bill Clinton remarked that “he loved politics and government because he saw [they] could make a difference in people’s lives and he loved people most of all.” 

29 September 2014 / Mark Hatcher
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O’Brien update (1) – By His Honour John Platt

Calling all part time fee paid judges, you have nothing to lose but money lawfully due to you.  

In January 2013 the Supreme Court decided that the MoJ had broken the terms of the EU Part time Working Directive of 1997 by denying pension rights to part time fee paid judges where there is a full time salaried comparator. 

NB The information contained in this article is believed to be correct as at 3rd October 2014 but the situation may change in the light of future events over which the author has no control.    

29 September 2014
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Paul Coveney

Job title 

Senior Clerk at Francis Taylor Building FTB is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing, religious liberty and ecclesiastical law and regulatory law. 

29 September 2014
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Secret E-Diary - October 2014

Eerie times in the courts.  

I try to get in all my sitting days as a Recorder of the Crown Court in one go if I can. I quite enjoy the daily routine with no annoying clients, witnesses or judges. Indeed, I am the annoying judge for a season. 

29 September 2014
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Chair’s Column

Heading into summer

Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn

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