An interesting paper by Andy Boon and Avis Whyte has been published (paywalled I suspect) on SDT cases. the authors have painstakingly assembled data to be compared across three periods: 1994 to 1996 (collected by Davies), 2008 (with Boon, Whyte and Sherr) and 2015. They point to a strange failure of SDT case volumes to … Continue reading Discipline Data: women, the young, and the old, but in what order?
There are a number of ethical issues posed by the PCP v Barclays case which Richard summarised yesterday. If you’ve read the summary you will know that two sets of transactions are in issue. 1. The $3bn loan made by Barclays to Qatar’s Ministry of Finance as part of a significant equity injection to shore … Continue reading PCP v Barclays: The Dirty Work of Lawyering?
Amanda Stavely has had half a last laugh in her unsuccessful litigation against Barclays. She lost on causation but the court found material dishonesty on the part of her nemesis, Roger Jenkins, former Chairman of the Bank’s Middle Eastern business. The judgment is a monster (PCP Capital Partners v Barclays  EWHC 307 (Comm) at … Continue reading Something smelly at Barclays…
As a follow up to my piece in the Times, you can register and get a free read I think, I set out the longer piece I prepared whilst thinking this case through. There is of course no substitute for reading the case in full if you can to make up your own mind about … Continue reading Davies vs Greene: An analysis
To those of you who get the reference in the title. Congratulations. You have come a long way. For the rest, BS5750 was a quality assurance system, all the rage in the 1990s, which came to mind, alongside legal aid practice management standards, and other joys, as I read the LSB's 'Ongoing Competence' report. This … Continue reading Ongoing competence: BS or 5750?
The Criminal Cases Review Commission published its submission to the Post Office Horizon IT Inquiry. For those of you unaware, in broad brush terms, this Inquiry relates to the prosecution of large numbers of sub-postmasters for failures which the defendants say arose out of the flawed Horizon accounts system run by the Post Office. The … Continue reading Lawyers for the Post Office Machine
David Perry QC’s decision to act in the Hong Kong prosecution of nine defendants on two charges of unauthorized assembly has come in for a great deal of criticism. This includes the current (Conservative) Foreign Secretary, a former (Labour) Lord Chancellor, and other legal luminaries, politicians and lawyers. The press reports, and comments garnered from … Continue reading Hong Kong Questions
The multiple ironies of what happened here, early in the Covid-crisis, will not be lost on many. The SDT have stayed the SRA's prosecution of Mark Mansell for professional misconduct. The case arises out of the NDAs negotiated for Harvey Weinstein against Zelda Perkins and Rowena Chiu. The saga ends, if it has ended, where … Continue reading NDA, Redacted
Steven and I have been moved by the untimely death of Professor Deborah Rhode. Deborah was one of the giants of legal ethics. She has shown great personal kindness to many legal ethics scholars, and written many great works. As it happens last week we were finalising a chapter on leading works on ethics for … Continue reading In honour of Deborah Rhode
A personal Statement from 'barrister' and director of plan.b earth (published yesterday) Tim Crosland has caused a stir, because of an apparently deliberate and pre-meditated breaching of a Supreme Court embargo on its decision on Heathrow’s Third Runway (published today). It began like this: Tomorrow, 16 December, the Supreme Court will publish its judgement on … Continue reading On deliberate contempt as professional martyrdom