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Criminal law – Trial. Following changes to the funding of legal aid in criminal cases, the defendants in a complex fraud trial were unable to obtain representation by counsel. The judge in the Crown Court stayed the proceedings. The Financial Conduct Authority, as prosecuting authority appealed. The Court of Appeal, Criminal Division, allowed the appeal. To conclude that the state had violated the process of the court or that what had happened had jeopardised the integrity of the criminal justice system (as opposed to its effective operation) was wrong as a matter of principle. Further, on closer analysis, the judge had been wrong to find that there was no realistic prospect of competent advocates with sufficient time to prepare being available in the foreseeable future.
Criminal law – Trial. Following changes to the funding of legal aid in criminal cases, the defendants in a complex fraud trial were unable to obtain representation by counsel. The judge in the Crown Court stayed the proceedings. The Financial Conduct Authority, as prosecuting authority appealed. The Court of Appeal, Criminal Division, allowed the appeal. To conclude that the state had violated the process of the court or that what had happened had jeopardised the integrity of the criminal justice system (as opposed to its effective operation) was wrong as a matter of principle. Further, on closer analysis, the judge had been wrong to find that there was no realistic prospect of competent advocates with sufficient time to prepare being available in the foreseeable future.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
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Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
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David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier