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Contumelious: the order of the day

If a party is charged with drawing up an order it is the duty of its solicitors and counsel to produce a draft that fairly reflects what they think the judge decided or directed. Thus spake Edwards-Stuart J on 14 March 2013 giving judgment in Webb Resolutions Ltd v JV Ltd (trading as Shepherd Chartered Continue reading

Introducing His Honour Judge Pennyweather and the cab rank rule

Brought to you with the support of our friends at The Incorporated Council of Law Reporting Let me introduce you to a new character in the BabyBarista fold: His Honour Judge Pennyweather who sits as a circuit judge outside London. He’s grumbly, eccentric, crusty and seemingly older than his 68 years would suggest. The first Continue reading

Marital coercion: the ruling in R v Pryce

Although it may only be of persuasive authority, the ruling on the defence of marital coercion raised in the trial of Vicky Pryce is of interest to criminal practitioners and, thanks to the invaluable Crimeline Updater, and the judge having withdrawn reporting restrictions, is now available online here. Ms Pryce was unanimously found guilty by the jury Continue reading

Banksy under the hammer: graffiti and the law

The news that a piece of London street art attributed to Banksy was to be auctioned in Miami has thrown up all sorts of interesting legal issues, as highlighted in a recent episode of Law in Action. According to the Guardian report of the proposed sale, “Unknown hands prised the artwork, entitled Slave Labour and Continue reading

Where there’s a hit, there’s a writ

Heartbroken That’s presumably how the defendants must feel in the case of Henderson v All Around The World Recordings Ltd [2013] EWPCC 7 after Judge Birss QC, sitting in the Patents County Court last week, upheld a claim by the singer Jodie Aysha for a share in the royalties from her hit song of that Continue reading

Never forget that lawyers aren’t paid to be liked

“Is nothing sacred these days?” said UpTights. “What are you moaning on about now?” said OldSmoothie. “Once upon a time institutions were respected but in the last few years it seems like it’s all gone to pot. First, we find out that a fair proportion of our politicians were on the make at the public’s Continue reading

The Cab Rank Rule: still driving the Bar?

What is the meaning and purpose of the so-called Cab Rank Rule in the context of the new legal services market? Is it a Holy Cow or Shibboleth, taken for granted but more honoured in the breach? Or is it still a driving principle, a philosophical touchstone that underpins the approach of advocates to their Continue reading

Going logo: all change at the IPO

Thanks to something called a “single government identity”, the IPO or Intellectual Property Office (the operating name of what used to be called The Patent Office) is this month replacing its existing logo with the Royal Coat of Arms. This is how it will look:  “This is part of a wider move to develop a Continue reading

Cameras in court: an appealing prospect?

TV cameras will be allowed into the Court of Appeal for the first time from October 2013 and senior judges will be offered training before appearing on camera, the Lord Chief Justice, Lord Judge told the Lords Constitution Committee on 30 January. The select committee takes evidence from the Lord Chief Justice (pictured above) each year Continue reading

Direct access to a barrister: Standards Board reviews training requirements

The Bar Standards Board, which regulates barristers in England and Wales, has announced that the training  barristers undergo for providing legal services directly to clients (i.e. without being instructed by a solicitor), is to be overhauled. Among the changes announced will be “an element of formal assessment to make sure that barristers have the knowledge Continue reading