A couple of thoughts on Joshua Rozenberg’s Unforced errors blog

There is an interesting blog from @JoshuaRozenberg on Archie Battersbee’s case, well worth reading, with a response from one of the barristers involved. I tried to comment on the blog itself but could not (paywalled comments) so I tweeted out a thread which I am now blogging, with some additions, here. I don't have any … Continue reading A couple of thoughts on Joshua Rozenberg’s Unforced errors blog

Agency over technocracy: how lawyer archetypes infect regulatory approaches: the FCA example

I am delighted to say a piece I did with Trevor Clark, Steven Vaughan, and Alan Brener has been published Open Access in Legal Ethics. Here is the abstract. it's about why the FCA was wrong to chicken out of bringing legal properly into the Senior Manager's Regime. That sentence was too short for an … Continue reading Agency over technocracy: how lawyer archetypes infect regulatory approaches: the FCA example

Judges ‘returning to practice’ (a footnote)

A quick postscript Monday's post on the following documents drawn to my attention by a kind reader. A Ministry of Justice Evidence Pack on Judicial Pay 2022/23 dating February this year appears to assume salaried judges cannot return to private practice: Salaried judges are unique in public service in that they are unable to return … Continue reading Judges ‘returning to practice’ (a footnote)

Independent investigations: pick your own judge

The FT contained a fascinating story on Freshfields investigation (£) into “the Reichelt affair” which it says “shows the inherent tension of compliance investigations — a system of corporate governance riddled with conflicts that is paid for, managed and communicated by a company itself.” I’m not going to analyse that in detail, not least because … Continue reading Independent investigations: pick your own judge

Climate Change and the Rule of Law(yers)

By Professor Steven Vaughan, Professor of Law and Professional Ethics at UCL Laws Lawyers are everywhere when it comes to climate change, whether they realise or not. They lubricate, lobby, legislate, and litigate. They make things happen (the buying and selling of fossil-fuel fired plants; the raising of finance for an energy-to-waste facility; and so on). … Continue reading Climate Change and the Rule of Law(yers)

Lawfare: “an industry that hides evil in plain sight”?

A recent Commons debate on “Lawfare and the UK Court System” called by Conservative MP David Davis and Labour MP Liam Byrne is worthy of note. It is long, but also worth reading. Let me try and summarise what was said. The central accusation is that “These people [the rich, large organisations, and rich Russians … Continue reading Lawfare: “an industry that hides evil in plain sight”?