Death knell for judge-led inquiries? Lord Leveson refuses to be drawn on MPs’ questions

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It is not difficult to see why Lord Leveson’s refusal to assist MPs with their latest questions over the future of press regulation is regarded as unhelpful and, by some, the wrong call.

Assigned on 20 July 2011 by Prime Minister David Cameron to lead an inquiry into the culture, practices, and ethics of the press, the 64-year old president of the Queen’s Bench Division’s remit was ‘in the light of these inquiries, to consider the implications for the relationships between newspaper organisations and the police, prosecuting authorities, and relevant regulatory bodies – and to recommend what actions, if any, should be taken.’ Continue reading “Death knell for judge-led inquiries? Lord Leveson refuses to be drawn on MPs’ questions”

Guest blog – In the small print: Huge shake up in UK bribery enforcement, US style whistleblowing & UK False Claims Act

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Buried in the small print and missed by many in the hullabaloo surrounding the launch of the new UK National Crime Agency (a rebranded roll up of existing crime law enforcement in the UK) are proposals to significantly overhaul the UK approach to dealing with bribery and corruption announced by the UK Home Secretary Theresa May.

Buried in the press release issued by the UK Home Office was the throwaway line:

‘New arrangements for reporting and investigating corruption’ Continue reading “Guest blog – In the small print: Huge shake up in UK bribery enforcement, US style whistleblowing & UK False Claims Act”

Regulatory upheaval: MoJ reshuffle leaves reforms uncertain as LSB drops Herbert Smith for judicial review

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The future of regulatory reform of the legal sector appears to be hanging in the balance as justice minister Helen Grant, who announced the review in June, is replaced by former solicitor Shailesh Vara and further announcements over changes to the Ministry of Justice (MoJ) team are awaited.

The review, which has seen regulators and representative bodies including the Solicitors Regulation Authority, the Law Society, the Bar Standards Board (BSB), the Bar Council and the Legal Services Board (LSB) submit proposals for reform to the MoJ, is currently one of a number of issues being considered as the MoJ decides what the revamped team’s ‘portfolio’ will include. Continue reading “Regulatory upheaval: MoJ reshuffle leaves reforms uncertain as LSB drops Herbert Smith for judicial review”

IBA 2013: ‘We need to be the tip of the spear’ – the global anti-corruption push is gathering pace

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With a packed programme at the International Bar Association’s (IBA) annual conference in Boston, working out which of the many (and sometimes dry) debates to attend is a challenge, but one of the stand-outs from the first day was the discussion on anti-corruption.

That this session was packed is unsurprising; one of the major forces currently shaping the legal profession at a global level has been the sustained crackdown on corruption in many forms, be it graft, tax avoidance or cartels. Continue reading “IBA 2013: ‘We need to be the tip of the spear’ – the global anti-corruption push is gathering pace”

Wigs and veils up for discussion by Lady Hale and Lord Neuberger in Supreme Court briefing to mark a new legal year

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Deputy president of the Supreme Court Lady Hale today (2 October) advocated a new approach to attracting youths from diverse backgrounds starting first with the elimination of barristers wigs, in a meeting otherwise dominated by the issue of full-face veils in court.

In a briefing held together with Lord Neuberger to reflect on his first year as president, the outspoken deputy addressed a series of questions over the use of the niqab in court, which dominated headlines in September after Judge Peter Murphy found that defendant Rebekah Dawson must remove her veil when giving evidence. Continue reading “Wigs and veils up for discussion by Lady Hale and Lord Neuberger in Supreme Court briefing to mark a new legal year”

Global ambassador: CMS partner Fiona Woolf to represent the City as Lord Mayor

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The City legal profession collectively regards itself as a global ambassador for UK enterprise but CMS Cameron McKenna energy partner Fiona Woolf has been officially awarded the representative role of the Lord Mayor of the City of London, becoming only the second female holder of the post in its 800-year history.

Woolf will be the City’s 686th Lord Mayor – to be distinguished from the wider Mayor of London role – and will take on the role of global ambassador for UK-based financial and business services from Friday 8 November. Continue reading “Global ambassador: CMS partner Fiona Woolf to represent the City as Lord Mayor”

Guest post: Grayling’s conference speech – main points and some reflections

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Earlier this week, Chris Grayling MP, Secretary of State for Justice and Lord Chancellor, delivered his speech to the Conservative Party Conference in Manchester.

Like the speech of Sadiq Khan MP at the Labour Party Conference, Grayling’s speech was short. He opened by referring to a story in the Daily Mail about several young men having an easy time in prison. We were informed that, ‘within twelve hours, they were in segregation. Locked up for longer in their cells, not hanging out with their mates. Without a TV. Privileges stripped. Weeks added to their sentences after a swift disciplinary process.’ Good red meat for the party faithful. Continue reading “Guest post: Grayling’s conference speech – main points and some reflections”

Legal aid reform: Grayling scraps competitive tendering plans

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Fears that the government is reducing the justice system to a ‘stack it high and sell it cheap’ model were today further allayed as the Justice Secretary backtracked on his proposals to award legal aid contracts to the lowest bidders.

In a deal reached with the Law Society after listening to the concerns of dozens of criminal practitioners, Chris Grayling has dropped price competitive tendering (PCT).

Continue reading “Legal aid reform: Grayling scraps competitive tendering plans”

Guest post – Syria: the UK can legally use force

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In some ways this week, with the recall of Parliament and the UK tabling a UN resolution, seems like a fast replay of the run up to the 2003 invasion of Iraq. Many people’s attitudes to what’s happening are informed by the experience of Iraq, and reflect the view they took of that action ten years ago. Mine too.

So it may be no surprise that, although my legal argument is different here from that in the case of Iraq, and involves undoubted legal controversy, I think there is a proper legal basis on which the UK can participate in military action against Syria.

Continue reading “Guest post – Syria: the UK can legally use force”

Guest post: Could David Miranda be a “terrorist”?

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There’s understandably been a great deal of reaction to the nine-hour detention at Heathrow airport of David Miranda, who was travelling as part of his work with Guardian journalists covering Edward Snowden’s disclosures, and whose laptop and memory stick were seized as a result of his detention and questioning under paragraphs 2 and 6 of Schedule 7 to the Terrorism Act 2000.

Paragraph 2(1) of Schedule 7 says that:

An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b)

and section 40(1) provides that a

“terrorist” means a person who …

(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism.

So there’s no doubt: the purpose of Schedule 7 is clear. Continue reading “Guest post: Could David Miranda be a “terrorist”?”