* A judge has been taken to task for not being able to make up his mind over
whether alleged sexual abuse of a child had taken place. In a recent
judgment in the House of Lords, Baroness Hale of Richmond noted that
"despite an elaborate and meticulous analysis of all the evidence, the judge
was unable to make a finding about the alleged sexual abuse of R by Mr B".
She went on: "Instead, he concluded that he could not make a properly
founded and reasoned conclusion whether it was more likely than not that R
was sexually abused by Mr B . . ." But, she went on, "if the judiciary in
this country regularly found themselves in this state of mind, our civil and
family justice systems would rapidly grind to a halt". The judge (Mr
Justice Charles) was not allowed to sit on the fence, she added. "In our
legal system, if a judge finds it more likely than not that something did
take place, then it is treated as having taken place. If he finds it more
likely than not that it did not take place, then it is treated as not having
taken place. He is not allowed to sit on the fence. He has to find for one
side or the other." Such cases had to be decided on the "balance of
probabilities", she ruled. The judge has stepped down from the case,
although not asked to do so by either side. But Lady Hale said that he
should come back and hear the whole case, which is continuing. Similar
problems would arise in other cases, she said. "If the judge is not fitted
to try this case, it might be said that he is not fit to try any case in
which the same problem could arise, and that would be absurd."
* Welcome support from judges for London's hard-pressed law centres. Bob
Nightingale, chief executive of the London Legal Support Trust, which
raises money through its annual legal work, among other things, for law
centres in the capital, is delighted by comments from Lord Justice Sedley
in a recent housing appeal case. He and Lords Justices Toulson and Wall
added a rider, saying that they wished to "express their appreciation of the
skilful professional service which Ms Faarah [the respondent] has had from
the Southwark Law Centre. As the history set out by Lord Justice Toulson
shows, the law centre, by careful and well-informed correspondence, was able
to locate and challenge the precise error of public administration that this
appeal has confirmed. It is of importance to the administration of justice,
as well as to many individuals, that there should continue to be law centres
like Southwark’s that are able to offer professional help of high calibre to
the neediest people."
* AvMA (Action against Medical Accidents) is taking the NHS Litigation
Authority to task over a circular the latter has issued to NHS trusts,
warning them to take care when providing explanations to patients or
families affected by medical accidents, so as to "avoid future litigation
risks". The circular does also encourage NHS bodies to offer apologies and
explanations - and Peter Walsh, chief executive of the AvMA, accepts it was
probably issued with good intentions. But the circular appears to be in
"direct contrast to official NHS policy on being fully open and honest when
things go wrong". He said: "Apart from the wholly inappropriate warning to
temper explanations so as to avoid litigation, the circular also wrongly
implies that simple apologies and expressions of regret might be interpreted
as an admission of liability." AvMA is inviting the NHS Litigation Authority
to issue a revised circular: "We need being 'open' to be made mandatory and
a legal duty of candour."
* After 28 years as a judge, Lord Bingham of Cornhill has sat on his
last case — an appeal by a Lebanese woman asylum-seeker against deportation (Lebanese
woman appeals deportation order to keep her son). Jack Straw, the
Justice Secretary, this week kicked off what will no doubt be a long round
of parties with a reception at Lancaster House for the retiring senior law
lord. Next week the law lords, Privy Council and judicial office staff will
host their own do. Lawyers and judges fall over themselves with superlatives
for Bingham, who will clearly be sorely missed. He has been an “outstanding”
law lord, “the judge of his generation”, etc, etc. Brendan Keith, head of
the judicial office, said: “We’ve very much enjoyed working with him and
will greatly miss him.”
* Lord Justice Gage is getting a reputation for inquiries. No
sooner had he completed the tricky job of chairing the working party on
proposed sentencing reforms (subtext: seeing off the idea of an
American-style sentencing grid that would have hugely fettered judges’
discretion) than he has landed another hot potato — chairing the Ministry of
Defence inquiry into the death of Baha Mousa, the Iraqi civilian who died in
September 2003 in the custody of British soldiers. Lord Justice Gage, who is
about to retire from the Court of Appeal, has decided to chair the inquiry
alone but may appoint assessors who can assist him with expert knowledge.
* Three women barristers are listed in Management Today‘s women under
35 who are professional leaders of tomorrow: Shelley White, a
Chancery and commercial barrister; Shaheed Fatima, a public law specialist;
and Melissa Lesson, a barrister at Mishcon de Reya’s family practice. Ingrid
Simler, QC, said: “All three give lie to the notion that the Bar is a ‘boy’s
club”.
* Barristers don’t have to step over the homeless so often these
days in Lincoln’s Inn Fields but the Inns are still doing their
bit. The 400th anniversary of the Middle Temple has raised £35,000 for Centrepoint,
the UK’s leading charity for the homeless — it has had links with Middle
Temple for 15 years.
* The pay of lawyers is always a hot topic - it's trying to get a
variant on the theme that's the challenge for recruitment agencies and
others conducting surveys. This month we have had new statistics from
Sellick Partnership, the legal recruitment specialists, which show that
partners in London firms have the "worst pay deal in the country".
The firm's annual salary survey finds that while London partners earn from
£70,000 a year compared to the average of £64,250 earned by lawyers
elsewhere, the soaring cost of living in London reduces the worth of their
earnings to the equivalent of £45,000 anywhere else.
With partners in top-tier law firms earning above £68,000, Liverpool was
the most affordable city, earning roughly 50 per cent more than a London
salary when adjusted to take account of the cost of living. Then comes Birmingham
(earnings of £68,000 make lawyers 43 per cent better off); Newcastle
(£55,000, 21 per cent) and Manchester (£68,000, 19 per cent).
Hannah Kewley, legal director at Sellick, said: "Everybody knows
that money goes further outside London but it's a revelation to see exactly
how much further. Cities in the North and Midlands now offer all the
services, facilities and opportunities of the South East, making relocation
there a significantly more attractive career move.
* Meanwhile, one third of legal professionals do not want their children to
follow them into the law, according to a survey by Hudon, the recruitment
firm. Male lawyers are the least content, citing higher financial rewards
and better work-life balance elsewhere as the main reason for discouraging
their children from following in their footsteps.
* Teams of trainees from the law firms of Mishcon de Reya and Hammonds
were the two legal winners this year of the Prospects Cup inter-firm
business management game - with Mishcons finishing as outright winner of the
contest.
The final was fought out at the University of East Anglia, Norwich,
with law firms strongly represented throughout the contest. The Hammonds
team reached the semi-final stage with a flourish, but the event followed
just a few hours after a Birmingham law ball had ended. Colin Rymill,
administrator of the competition which is sponsored by The Times, said:
"The team's performance as a result was probably less sharp than in
earlier rounds." The Hammonds trainees secured The Times
rosebowl for best large law firm and the Mishcon team the rosebowl for the
best law firm with fewer than 20 trainees, as well as the Prospects Cup and
Legal Cup. (see picture above)
The closing date for next year's competition is October 18 - letters are just
going out now. Rymill said: "The competition is an excellent
opportunity for young lawyers to put their skills against their counterparts
in industry, commerce, government and the financial professions, as well as
developing their understanding of the world of business and investment."
Firms need only two keen trainees to enrol, he says. Small firms can even
invite trainees from other local "non-law" firms to make up their
teams. Further information: www.bimg.co.uk
* Michael Napier, QC, senior partner at Irwin Mitchell, along with Rosemary
Martin, the former Reuters general counsel, are among the first members
of the newly appointed Legal Services Board. The pair have been
chosen from 300 applicants. The nine-member board has been set up under the
Legal Services Act as the overarching regulator for the legal profession. It
will cost £3.9 million and is expected to come into being by spring 2010.
The members, who will sit for three years from this September and receive a
£15,000 salary for 30 days' work a year, also include David Wolfe,
a barrister from Matrix Chambers, Andrew Whittaker, the Financial
Services Authority general counsel, and Nicole Smith, a panel
chairman of the Judicial Appointments Commission.
* It's honorary degree time: among those being dished out is one by
Bradford University to Sir Roger Toulson, Lord Justice of Appeal and
former chairman of the Law Commission. Meanwhile, it wasn't much noticed but Roger
Smith, chairman of Justice, has been appointed OBE in the Queen's
birthday honours - many congratulations.
* Newspapers and other media can now access court registers
containing the outcome of criminal cases and details of upcoming court cases
free of charge. Since 1989 a fee has been charged. But Jack Straw, Justice
Secretary, has scrapped the fee, saying: "Media will now be better able
to report accurately and factually, as they strive to do, on proceedings in
magistrates' courts. This move will help to increase confidence in the
criminal justice system."
