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

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”?

Submissions to the Horizon Post Office IT Inquiry

This is the intended text for oral submission to the Horizon Post Office IT Inquiry made by Richard Moorhead, yesterday based on the work of the team researching the Post Office Scandal at Exeter’s Evidence-Based Justice Lab , with Dr. Rebecca Helm (Exeter) and Dr. Karen Nokes (UCL).[1] I have three points, some are of … Continue reading Submissions to the Horizon Post Office IT Inquiry

Why the Williams’ Inquiry must not narrow its Horizons

Our latest submissions (Working Paper 4) to the Horizon Inquiry on Horizon is up on the Lab site. It responds to the Williams' Inquiry raising 4 issues about the scope of its work which suggests that someone (the Chairman? Post Office??) thinks Second Sight's Investigations; legal work on civil and criminal cases brought by Post … Continue reading Why the Williams’ Inquiry must not narrow its Horizons

LegalGeek: changed, yes; a terrible beauty, no (Guest Post)

The words of W.B. Yeats in his often quoted poem Easter 1916 could be applied in part – the first part – to Legal Geek which I attended yesterday in London: “All changed. Changed utterly. A terrible beauty is born”. The word terrible referred to the terror experienced by the repressed, as Yeats saw it. Covid 19 … Continue reading LegalGeek: changed, yes; a terrible beauty, no (Guest Post)