Legal Profession
News, analysis, comment and updates from ICLR's case law and UK legislation platform
When you’re doing a job you hate, what makes it even worse is when everyone else seems to be out enjoying themselves. All the more so when the sun is shining and worse still a few of your good friends are emailing you photos of their latest catch from your local river whilst you’re sitting… Continue reading
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
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
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
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
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
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
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
“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
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
