Legal Profession
News, analysis, comment and updates from ICLR's case law and UK legislation platform
HeadClerk called an emergency Chambers Meeting yesterday. “I’m afraid that we need a bit of a shake-up of our practice structure.” A general groan before OldSmoothie said, “Yes, yes. Time for us all to work harder and bring in a few more solicitors.” “Quite the contrary,” said HeadClerk. “In the light of the government’s proposed… Continue reading about BabyBarista: Legal aid cuts will not only bring injustice but also increased costs
In a recent Commercial case Standard Bank plc v Via Mat International Ltd [2013] EWCA Civ 490 the Court of Appeal drew attention to Khader v Aziz (Note) [2010] 1 WLR 2673, reiterated its warning against the unnecessary length of skeleton arguments and reminded parties of the possibility of the sanction of adverse costs orders.… Continue reading about Nothing new under the sun: prolix pleaders then and now
Sometimes I really think that the supposedly cleverest people in the world are in fact the most stupid. A case which came before me last week illustrates this point perfectly. It started life as an uncomplicated personal injury matter which should have settled out of court many years ago. But instead what happened was that… Continue reading about HHJ Pennyweather, the legal arms race and grumpy old judge syndrome
It’s often said that a lawyer who represents himself in court has a fool for a client.* But a lay person who cannot get legal aid or insurance to cover the cost of a lawyer is not a fool – merely a victim of the new regime under LASPO (the Legal Aid, Sentencing and Punishment… Continue reading about Paying LiP service to April fools
It’s often said that a lawyer who represents himself in court has a fool for a client. The trouble is, when it’s your own case, you are more likely to be persuaded of its rightness as a cause and blinded to its weakness as a case. This is no less true of lawyers than anyone… Continue reading about Litigants in Person: a cautionary tale
OldSmoothie was against a very traditional opponent today who always insists on bringing along to court the original volumes containing the particular law report in question. This meant that as he came into court both he and his pupil were weighed down by piles of authorities whilst OldSmoothie rather smugly carried his slim bundle of… Continue reading about Taking all the credit for a pupil’s hard work
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 part of his name brings to mind a penny for your thoughts which seem to leak… Continue reading about Introducing His Honour Judge Pennyweather and the cab rank rule
“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 about Never forget that lawyers aren’t paid to be liked
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 about The Cab Rank Rule: still driving the Bar?
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 about Direct access to a barrister: Standards Board reviews training requirements
