Media speculation that employers can no longer monitor their employees’ communications is misleading and unhelpful, writes Siân McKinley
HMCTS has announced it is pausing the flexible operating hours pilots. Morwenna Macro, who petitioned against the plans, asks whether the controversial scheme should be abandoned altogether
Kevin Dent admires the determination & commitment of the US attorney
Why is it that in the year 2016, video still seems like an exotic marketing tool for chambers to use? Oliver Scott argues that it’s a natural medium for barristers
As the Legal Year opens after its long vacation, Ian Glen QC examines the holidaying realities for most practitioners
On 31 July I appeared in front of a proper High Court Judge.
Neelam Sarkaria and Gerry Campbell argue that local authorities should be more proactive in bringing applications for FGM Protection Orders to combat the “great evil” of FGM
“Given what we now know is the distressingly great prevalence of FGM in this country even today, some 30 years after FGM was first criminalised, it is sobering to reflect that this is not merely the first care case where FGM has featured but also, I suspect, if not the first one of only a handful of FGM cases that have yet found their way to the family courts…” (Sir James Munby, President of the Family Division 2015)
The world has watched over the past several months as Oscar Pistorius has been tried for the murder of Reeva Steenkamp. Sean Middleton reports.
Debates have ranged far and wide over Oscar’s innocence or guilt, and whether he should be found guilty of murder or culpable homicide. With the verdict now in hand we all know that it is one of culpable homicide (manslaughter). Much criticism has been levelled against both Counsel and the Bench over the course of the proceedings and there seem to be more critics than legal experts.
What if Pistorius had been tried in London? - asks Ian Glen QC.
Bail would have been out of the question. Without bail there would be no photo opportunities before the Court sat and no family embraces. The case would come on for trial at the Old Bailey within about nine months of the offence and the trial would take about three weeks. The trial could not be televised. Sentencing would normally take twenty minutes immediately after the verdict with the jury remaining to watch. Murder by shooting is punished by a mandatory life sentence with 30 years to serve before consideration of parole. Simple.
For the past twenty-five years, I have made my living as a trial lawyer, plying my trade in courtrooms throughout Texas (and elsewhere), defending individuals and businesses in civil litigation. But the trials have become fewer and farther between in recent years; in Dallas, where I am based, only 1,195 district court jury trials were held in 2011—just one-third the number that occurred in 1996. And it’s not because people have become less litigious, either. During the same time period, the number of lawsuits filed rose 25%. Throughout Texas, from 1986 to 2008, civil jury trials in state courts fell by 60%. For the fiscal year 2012 alone, only 0.4% of civil cases were resolved by a jury or directed verdict in Texas courts.
This is not a problem unique to Texas, but instead is a national phenomenon. Most states report similarly precipitous declines in jury trials, and in 2010, only 2,156 civil jury trials were commenced in federal district courts—meaning that, on average, U.S. district court judges tried fewer than four civil jury trials each that year.
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Fear of the collection and test process is a common factor among clients, especially among vulnerable adults in complex family law cases. Cansford Laboratories shares some tips to help the testing process run as smoothly as possible
Casey Randall explains how complex relationship DNA tests can best be used – and interpreted – by counsel
Casey Randall, Head of DNA at AlphaBiolabs, explores what barristers need to know about DNA testing for immigration, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications
Julian Morgan reminds barristers of the top five areas to consider before 5 April
The case ofR v Brecanihas complicated matters for defence lawyers. Emma Fielding talks to gang culture expert, Dr Simon Harding about County Lines, exploitation and modern slavery
Barristers are particularly at risk of burnout because of the nature of our work and our approach to it but it doesnt have to be this way. Jade Bucklow explores how culture, work and lifestyle changes can rejuvinate our mental health...
Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment inR v Daniels By Abigail Bright
The Schools Consent Project (SCP) is educating tens of thousands of teenagers about the law around consent to challenge and change what is now endemic behaviour. Here, its founder, barrister Kate Parker talks to Chris Henley QC about SCPs work and its association with Jodie Comers West End playPrima Facie, in which she plays a criminal barrister who is sexually assaulted
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address