Justice Matters

Eleanor Davison examines the role of the Serious Fraud Office under the new regime 

The Serious Fraud Office (“SFO”) is currently the lead agency in the UK in prosecuting cases of overseas corruption. Under s 10 of the Bribery Act 2010 the SFO is poised to become the principal enforcer of the new regime and its declared aim in exercising its prosecutorial powers is to generate a cultural change in business so that bribery is no longer acceptable. 

The new Act: a review of the main provisions, by Robert-Jan Temmink 

The much-heralded Bribery Act 2010 (“the Act”) received the Royal Assent on 8 April 2010. Previous anti-bribery law had been a hotch-potch of common law and statutory provisions from 1889 to 1916 which together were difficult to understand, hard to apply and even harder for prosecutors to use effectively. The Act abolishes the common law offences and sweeps away the 19th and 20th Century Prevention of Corruption Acts. 

Following WikiLeaks, Shonali Routray examines the position of UK civil servant whistleblowers. Are there safe routes for whistleblowers to raise their concerns rather than having to rely on anonymous leaks, she asks 

The dramatic twists and turns in the story of WikiLeaks and the release of over 250,000 US diplomatic “cables” – secure communications between the US State Department and American embassies around the globe dating back 50 years – raise some fundamental questions about the workings of Government. 

Nothing succeeds like a success fee: not even an exaggerated claim or one funded by a non-party, says Mark Hill QC 

Sometimes winning is not enough. Costs, which traditionally followed the event, can now have equal importance to the trial itself. A few recent cases indicate the pitfalls which practitioners would do well to avoid and the tactical advantages which can result from prudent manoeuvring on issues of costs. 

The proposed changes to legal aid funding will inhibit access to the  Family Justice System for the most vulnerable members of society –  the very people the reforms are dedicated to protect, believes Ian Bugg 

On 15 November 2010, the Ministry of Justice (“MoJ”) published its Green Paper “Proposals for the Reform of Legal Aid in England and Wales” and, with it, the Government has introduced possibly the most profound changes to the Family Justice System since the introduction of the Legal Aid Scheme in 1949. 

Counsel put the following questions to the inaugural Director of the Bingham Centre for the Rule of Law.  

Your career has been unusual in that you have combined being a professor of law at UCL with work as a university administrator (Dean of Law and Vice Provost of UCL), with practice at the Bar (at Blackstone Chambers) and membership of various public bodies. Which of these activities is most relevant to your work for the new Centre? 

Siobhan Grey discusses the Tate Modern and Gray’s Inn symposium on voyeurism, privacy, censorship and surveillance 

The curtain has now fallen on “Exposed” the Tate Modern’s provocative photographic exhibition. It skilfully captured the political and cultural zeitgeist through an exploration of the themes of voyeurism, privacy and surveillance and raised important ethical questions about the taking of illicit or covert photographs. 

John Kampfner sums up the current arguments on libel law reform 

Paul Farrelly, the Labour MP for Newcastle-under-Lyme, is what Tony Blair might have called a feral beast turned hunted prey. A former reporter, he opted for politics in 2001. Since then he has been a doughty human rights campaigner. It was his question to the Justice Secretary in October 2009 about the injunction obtained following publication of the Minton Report on the dumping by Trafigura of toxic waste in the Ivory Coast which brought home to Parliament the activities of claimant legal firms in getting “super-injunctions”. 

Tony Shaw QC and Clive Freedman discuss the draft Guidelines on Information Security and Government Work 

Jonathan Herring claims that it is a divorce lawyer’s world