Not taking secrets to the grave (oh and Independent Investigations NDAs again (AGAIN!))

Ben White of Crafty Counsel has posted a really interesting interview with Pav Gill, former Head of Legal for Wirecard's Asia Pacific Region. I urge you to listen, whether lawyer or not. It draws out the story wonderfully and succinctly. Lawyers may find the quiet terror of it discomforting. I set out here quick outline …

The Fog of Lawfare

There’s been quite a brouhaha about David Pannick’s opinion with Jason Pobjoy for Boris Johnson. They argue that in considering whether Boris Johnson committed contempt as a result of misleading parliament, he should have the right to have a lawyer represent him and to cross-examine any witness. Also that the privileges committee is proposing a …

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 …

Schrödinger’s Threats

Or, Nice little SLAPP tactic you've got there. Shame if anything were to happen to it. Dan Neidle, former Clifford Chance tax partner and now lead of Tax Policy Associates has caused a stir by accusing the current Chancellor of the Exchequer, Nadim Zahawi of, “a series of unsatisfactory answers about his tax affairs. At …

A few notes…

Conscious that I have neglected the blog a bit, a few notes from me. Firstly, I have taken to writing about the Post Office Scandal here. If you want to follow that please subscribe to the substack (it's free). I wanted to keep this blog from being dominated by PO as important as it is. …

Lateral Fires

There is literature on how the financialisation of law firms, the obsession with PEP, keeping up with the Joneses, lateral hiring, and other forces can weaken the culture and ethicality of law firms (See here in particular). And law firms ability to conduct diligence (on their clients' newly discovered dubiety following the Ukraine fallout) has …

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 …

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 …

Can and should retired judges advise on live cases?

I have written before about former judges advising clients after they retire from the bench. Now seems an appropriate time to ask if the convention that they do not has ended, and if so, who decided and how. The case I am about to discuss raises a question as to whether the abandoning of the …

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 …