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# BARRISTER MAGAZINE

The Barrister, Free to Read Online. Independent Magazine for Barristers in the UK. Read Articles, Find Information, Subscribe to our Latest Posts. Latest Articles & Information for Barristers UK.

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## Posts

- [The impact of the Financial Crisis on Divorce](https://barristermagazine.com/the-impact-of-the-financial-crisis-on-divorce/) - For several months now, families have been feeling the pressure of the financial crisis. As inflation rises, the cost of living has rocketed, and the country is on the brink of another recession. One area that has not escaped the crisis is divorce, and especially financial remedy proceedings. By Lauren Garner-Jackson, Pupil Barrister, Magdalen Chambers
- [Why isn’t mediation used more often in regulatory and public law cases?](https://barristermagazine.com/why-isnt-mediation-used-more-often-in-regulatory-and-public-law-cases/) - By Josef Cannon, barrister and mediator, Cornerstone Barristers Mediation has a remarkable success rate for resolving disputes: the latest research (from the Centre for Effective Dispute Resolution’s tenth Report on the mediation industry) suggests it might be as high as 92%: 72% of cases settling on the day of the mediation, with a further 20%
- [Private prosecutions: The quiet battle against illegal streaming](https://barristermagazine.com/private-prosecutions-the-quiet-battle-against-illegal-streaming/) - The world of private prosecutions has taken a bit of a beating. Once hailed as an effective alternative to state prosecutions, they are now painted by some as a symbol of what happens when a resource-drained state retreats from its responsibility to prosecute crime and protect victims. What is said to be left is a
- [Use of the Beth Din as a Forum for Determining Civil Disputes](https://barristermagazine.com/use-of-the-beth-din-as-a-forum-for-determining-civil-disputes/) - Owing to what many Orthodox Jews regard as a biblical prohibition against litigating their disputes in secular courts, there has developed over many centuries a system of rabbinical courts whereby dayanim (rabbinical judges) determine civil disputes. By David Berkley KC, 3 Paper Buildings (3PB) In every major community there is likely to be found at
- [Animal law: Past, present, and possible future](https://barristermagazine.com/animal-law-past-present-and-possible-future/) - Law firms and barristers’ chambers offering specialist animal law services are few and far between. They exist and are on the rise but are still a rare beast (pardon the pun). It may be that the paucity of service offerings in this field is due - in part at least – to the nebulous and
- [Barristers can change the world – but as lawyers not “activists”](https://barristermagazine.com/barristers-can-change-the-world-but-as-lawyers-not-activists/) - A few weeks ago, I was invited to sign the Declaration of Conscience, in which more than 150 barristers pledged not to prosecute climate activists or act for fossil fuel companies. I was sorely tempted. I struggle, personally, to understand the policy of aggressively prosecuting climate activists while taking few meaningful steps to address climate
- [BHD and the Bar: Zero Compromise to Zero Tolerance](https://barristermagazine.com/bhd-and-the-bar-zero-compromise-to-zero-tolerance/) - At the outset of 2023, I set out five goals for my year as Chair of the Young Bar of England & Wales: 1) Improving the reach and visibility of the Young Barristers’ Committee (YBC); 2) Continuing to engage on fees and remuneration for the young Bar; 3) Putting the YBC front and centre on
- [100 Years of Female Barristers at the Bar](https://barristermagazine.com/100-years-of-female-barristers-at-the-bar/) - This year marks a century since the first woman was called to the Bar by Gray’s Inn. On the 13th of June 1923, Edith Hesling, from Flixton in Manchester, became the first woman called to the Bar by Gray’s Inn. Receiving the ‘call to the Bar’ is a legal term for when a Barrister becomes
- [With the very best intentions…  Family Law and the danger of ‘overcorrect’](https://barristermagazine.com/with-the-very-best-intentions-family-law-and-the-danger-of-overcorrect/) - In June 2026 we were all shocked and saddened to read about the heart-breaking events surrounding the tragic death of Henry Nowak in Southampton in December 2025. Whilst this local tragedy was the catalyst for profound national political disagreement and unrest, below the partisan rhetoric, this case raised serious public policy questions about the way
- [Houston, I have a problem…](https://barristermagazine.com/houston-i-have-a-problem/) - To be fair, this is a problem that is commonly encountered by barristers. What is it? The inability to say ‘no’. And I am the worst offender. By Rachel Chan, Barrister, 42BR Barristers When I looked back through my diary for this article, I found multiple examples of weeks where I had clearly
- [Reliability at Risk: Rethinking the Regulation of Expert Evidence](https://barristermagazine.com/reliability-at-risk-rethinking-the-regulation-of-expert-evidence/) - The Criminal Justice System (CJS) has long been criticised for its inability to prevent unreliable expert evidence from entering the courtroom. At first glance, this may appear to justify the introduction of a stringent regime that excludes all evidence deemed ‘unreliable’. However, such an approach risks undermining the jury's ability to reach informed decisions, by
- [Judicial diversity progress has stalled for Black lawyers – Bar Council](https://barristermagazine.com/judicial-diversity-progress-has-stalled-for-black-lawyers-bar-council/) - The Ministry of Justice has published the annual judicial diversity statistics. The 2026 report reveals a mixed picture. Although there was no disparity of outcomes between White candidates and candidates from minority ethnic backgrounds compared to the eligible pool, when looking at application to recommendation, there is evidence of a disparity of outcomes in favour of White
- [New agreement signed between Bar Council’s Commissioner for Conduct and senior judiciary in next step to tackle bullying and harassment](https://barristermagazine.com/new-agreement-signed-between-bar-councils-commissioner-for-conduct-and-senior-judiciary-in-next-step-to-tackle-bullying-and-harassment/) - The Bar Council’s Commissioner for Conduct has made a significant agreement with the Lady Chief Justice and the Senior President of Tribunals in a bid to overcome barriers to reporting bullying, harassment, discrimination and exclusionary behaviour in court. The new agreement means the Commissioner for Conduct can better support barristers through liaison with Lady Justice
- [Jury Trials](https://barristermagazine.com/jury-trials/) - I have been told, with the solemnity reserved for those who mistake gravity for wisdom, that the jury system is inefficient. The solution proposed? Remove juries from fraud trials. Let judges decide alone. By Narita Bahra KC | Leading Financial, Serious Crime & Regulatory Defence Barrister As the first woman of colour to be ranked
- [Orams Revisited](https://barristermagazine.com/orams-revisited-2/) - Effective Control, Criminalisation, and the Misuse of EU and International Law in Cyprus Property Disputes Opinion Piece by Lennart Poulsen, Barrister at 9BR Chambers Introduction Few cases in European private international law have been as persistently mischaracterised as Apostolides v Orams.[1] What was, in substance, a narrow decision on the recognition of a civil judgment has
- [Ethics culture remains strong at the Bar](https://barristermagazine.com/ethics-culture-remains-strong-at-the-bar/) - The latest Bar Council survey of barristers shows that more than 8 out of 10 respondents report a very good understanding of the profession's code of conduct and ethical obligations. In the Bar Council’s Barristers’ Working Lives survey 2025, we asked all employed and self-employed barristers in England and Wales to answer a series of
- [When You Upload, What Have You Disclosed? AI, Confidentiality and the Embedded Document](https://barristermagazine.com/when-you-upload-what-have-you-disclosed-ai-confidentiality-and-the-embedded-document/) - By Dr Peter Fields, Barrister, The Barrister Group A barrister's guide to what actually happens when a confidential document meets an AI tool, and why the answer should change how we read Munir. A sentence in a recent Upper Tribunal judgment ought to cause every practitioner to pause for thought. In Munir v Secretary of
- [The Bar Standards Board and the Bar Council agree protocol for handling reports of bullying, harassment and sexual harassment](https://barristermagazine.com/the-bar-standards-board-and-the-bar-council-agree-protocol-for-handling-reports-of-bullying-harassment-and-sexual-harassment/) - Following the appointment of the Commissioner for Conduct, a recommendation of the Harman Review, the Bar Standards Board (BSB) and the Bar Council’s (BC) Commissioner for Conduct have agreed a protocol which sets out how our organisations will work together to support people experiencing bullying, harassment and sexual harassment at the Bar. The protocol establishes a clear
- [The Great Attribution: Why is Every Law-Breaking Incident Suddenly Being Blamed on Uncontrolled Migration?](https://barristermagazine.com/the-great-attribution-why-is-every-law-breaking-incident-suddenly-being-blamed-on-uncontrolled-migration/) - In the current political and media climate, a reflexive cognitive shortcut has emerged. When a crime is reported—whether it is a theft in a subway station, a traffic violation, a drug bust, or a violent assault—a specific question now rises instantly in public discourse: *Was the perpetrator a migrant?* It has become a pervasive phenomenon.
- [Interview: Why the "invisible" use of AI is now the biggest liability in legal practice](https://barristermagazine.com/interview-why-the-invisible-use-of-ai-is-now-the-biggest-liability-in-legal-practice/) - Dr. Ilia Kolochenko talks about the post-honeymoon phase of AI and how it is landing lawyers, arbitrators and other legal professionals in hot water How are "hidden" AI assistants embedded in traditional software, operating systems, mobile and IoT devices causing massive leaks of confidential and privileged information? In 2026, high-quality training data is the new gold for AI companies. Further evolution
- [The Bar Standards Board appoints four new Board members](https://barristermagazine.com/the-bar-standards-board-appoints-four-new-board-members/) - The Bar Standards Board (BSB) is delighted to announce the appointment of one new lay Board member and three new barrister Board members. Professor Jean-Noël Ezingeard and Sara Lawson KC will join the Board this month. Abiodun Michael Olatokun FRSA joins the Board from 1 July and Mark Fenhalls KC will join the Board from
- [Time to ratify the safety convention, says Bar Council ](https://barristermagazine.com/time-to-ratify-the-safety-convention-says-bar-council/) - The Bar Council is calling on the UK Government to ratify the Council of Europe’s Convention on the Protection of the Profession of Lawyer (the Luxembourg Treaty) on the anniversary of its launch. The convention is an international instrument dedicated to protecting the freedom and independence of the global legal profession, and it aims
- [When AI Lies: Liability For Incorrect Or Unintended Legal Advice In The Age Of Legora And Harvey AI](https://barristermagazine.com/when-ai-lies-liability-for-incorrect-or-unintended-legal-advice-in-the-age-of-legora-and-harvey-ai/) - By Nicholas Blomfield A corporate legal team uses an AI platform such as Legora to analyse contractual risk ahead of a transaction. The output is structured, confident, and commercially framed. It concludes that a particular regulatory approval is not required. Completion proceeds. The conclusion is incorrect. The approval was required and as a result,
- [Asylum Seekers and the Criminal Justice System](https://barristermagazine.com/asylum-seekers-and-the-criminal-justice-system/) - It would be silly to suggest that this is not an incredibly thorny issue. By Colette Russell, Pupil Barrister, The Chambers of Mark Love In October 2025, 4 women resigned from the Panel of the Grooming Gangs Inquiry, because they felt the Inquiry was not doing enough to address what they felt were obvious racialised
- [The Strategic Use of Early Neutral Evaluation in ADR Proceedings](https://barristermagazine.com/the-strategic-use-of-early-neutral-evaluation-in-adr-proceedings/) - Dr. Andre Alexander, SJD, LLB Barrister, Solicitor (Dutch-Brussels Bar, High Court of Fiji) Authorised for Legal Practice in England and Wales (RFL – Solicitors Regulation Authority) Chief Registrar, ICDRO – International Commission of Dispute Resolution Online Introduction Litigation in 2026 feels very different from litigation twenty years ago. Cases are larger, disclosure is heavier, digital
- [Bar Council statement on contempt of court ](https://barristermagazine.com/bar-council-statement-on-contempt-of-court/) - Barrister Rajiv Menon KC has won an appeal on an important point of lack of jurisdiction. In a ruling on Tuesday, the Court of Appeal stopped Menon's forthcoming case, saying there was no jurisdiction for the High Court to hear the case. But the senior judges left the option for the challenge to be resumed
- [Litigation Funding, PACCAR, and the Battle for Access to Justice](https://barristermagazine.com/litigation-funding-paccar-and-the-battle-for-access-to-justice/) - In the context of English law, few technicalities have threatened to derail the machinery of justice as profoundly as the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others (“PACCAR”). Raised in the context of collective proceedings in the Competition Appeal Tribunal (the “Tribunal”), the
- [Commercial Music to Commercial Law: Navigating an Unlikely Career Change](https://barristermagazine.com/commercial-music-to-commercial-law-navigating-an-unlikely-career-change/) - At Hyde Park, the stage is positioned so the performers can see the sun set behind the crowd. Eighty thousand silhouettes, the sky blazing orange and pink above them. It was early September, the last night of the tour. I listened to the band, watched the crowd, felt the rhythm. As we lined up at
- [Orams Revisited](https://barristermagazine.com/orams-revisited/) - Effective Control, Criminalisation, and the Misuse of EU and International Law in Cyprus Property Disputes Opinion Piece by Lennart Poulsen, Barrister at 9BR Chambers Introduction Few cases in European private international law have been as persistently mischaracterised as Apostolides v Orams.[1] What was, in substance, a narrow decision on the recognition of a civil judgment has
- [The Rule of Law for the modern age](https://barristermagazine.com/the-rule-of-law-for-the-modern-age/) - On 13 January 2026, the Government launched its controversial TikTok page ‘SecureBordersUK’ depicting the deportation and/or removal of migrants.[1] At the same time, the Attorney General has established a Youth Ambassador’s programme for young people to become champions of the Rule of Law within their communities.[2] Then, in the panel discussion on ‘Why Trust Matters?’
- [Up for grabs: Pensions as enforcement targets](https://barristermagazine.com/up-for-grabs-pensions-as-enforcement-targets/) - For most judgment debtors, the balance sheet is brutally simple: a home, a pension, and not much else. The home is familiar territory for enforcement of judgment debts: charging orders, orders for sale, receivers. The pension pot is different. It exists in a heavily regulated and legislated environment and is wrapped up in the language
- [The Article 8 debate](https://barristermagazine.com/the-article-8-debate/) - Article 8 of the European Convention on Human Rights (ECHR) has long been a lightning rod for attacks on the application of human rights law in immigration and asylum cases. As Frances Webber wrote in her 2012 book Borderline Justice: The Fight for Refugee and Migrant Rights: “Ever since the [Human Rights Act 1998] was
- [Police misconduct hearings post 2024 – Are they fair trials?](https://barristermagazine.com/police-misconduct-hearings-post-2024-are-they-fair-trials/) - It has long been accepted that professional discipline hearings should be compliant with the European Convention of Human Rights Article 6(1) [right to a fair trial] and the rules of natural justice. Given their role in law enforcement, police officers facing misconduct hearings should be entitled to expect the same rights as those who they
- [AI Hallucinations and the Discipline of Legal Authority](https://barristermagazine.com/ai-hallucinations-and-the-discipline-of-legal-authority/) - In 2023, if you had asked a room of lawyers what an “AI hallucination” was, many would have been unsure. That has changed quickly, particularly following the observations of Dame Victoria Sharp in the combined High Court cases of Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin).
- [How to Prepare for Mediation as Counsel: Twelve Terrific Tips](https://barristermagazine.com/how-to-prepare-for-mediation-as-counsel-twelve-terrific-tips/) - Mediation is now a routine component of the litigation game. In Churchill v Merthyr Tydfil County Borough Council[1] the court changed the traditional litigation rules, leading to a dramatic increase in lawyers encouraging mediation, the court mandating it[2] and hefty costs sanctions for those who refuse to play along.[3] By Laura Tweedy, full-time mediator and
- [The Quiet Retreat from a Pupillage Application AI Ban](https://barristermagazine.com/the-quiet-retreat-from-a-pupillage-application-ai-ban/) - Over the past year, the proposition has circulated online and in the media that the use of generative artificial intelligence in pupillage applications submitted through the Pupillage Gateway is prohibited. By James Lloyd, Barrister, Mountford Chambers The Bar Council has confirmed that no such prohibition exists. The previous AI declaration has been removed from the
- [The Vanishing Court: Litigants in Person and the Future of Civil Justice](https://barristermagazine.com/the-vanishing-court-litigants-in-person-and-the-future-of-civil-justice/) - By Jacob J Meagher* According to Ministry of Justice statistics, in the County Court from July to September 2025 at least 59% of civil cases had an unrepresented party.[1] With civil legal aid an increasing improbability for even the most impecunious, and the 2026 Solicitor Guideline Hourly Rates having increased to £579 (plus vat) at
- [The growing influence of non-court dispute resolution in the family law space](https://barristermagazine.com/the-growing-influence-of-non-court-dispute-resolution-in-the-family-law-space/) - By Jack Henry, Barrister, Henry Chambers Professionals who work within the family law space have witnessed a transformation in how family disputes can be considered, approached and resolved. This change has been driven by the growing influence of non-court dispute resolution (NCDR). NCDR centrally comprises of mediation, arbitration, collaborative law and private evaluations, which
- [Ceasing to maintain an EHCP for a child of service personnel on deployment abroad: a Court of Appeal test case with wider implications for local authorities and families](https://barristermagazine.com/ceasing-to-maintain-an-ehcp-for-a-child-of-service-personnel-on-deployment-abroad-a-court-of-appeal-test-case-with-wider-implications-for-local-authorities-and-families/) - By Holly Littlewood, Barrister, Spire Barristers In the recent case of Hampshire County Council v GC and another [2026] EWCA Civ 20, the Court of Appeal has handed down an important judgment on the statutory duties which local authorities owe to children and young people with SEND, under the Children and Families Act 2014
- [Unmatched contributions in financial remedy proceedings](https://barristermagazine.com/unmatched-contributions-in-financial-remedy-proceedings/) - Financial remedy proceedings are concerned with achieving a fair outcome taking into account the factors under Section 25 of the Matrimonial Causes Act 1973. While equality is often the starting point, fairness does not always mean equal division. Prior to ringfencing an asset, the court must consider the parties’ needs. The approach of the court
- [Phil Golding appointed Director General of the Bar Standards Board ](https://barristermagazine.com/phil-golding-appointed-director-general-of-the-bar-standards-board/) - The Bar Standards Board (BSB) has appointed Phil Golding to be its new Director General. He will take up the role on 1 July, which has been covered in the interim by Steve Haines following Mark Neale’s retirement. Professor Christopher Bones, Chair, The Bar Standards Board said: “I am delighted to announce the appointment of
- [Jury proposals “a cure worse than the disease” – founding head of Doughty Street Chambers, Geoffrey Robertson KC](https://barristermagazine.com/jury-proposals-a-cure-worse-than-the-disease-founding-head-of-doughty-street-chambers-geoffrey-robertson-kc/) - To coincide with this week’s committee stage of the Courts and Tribunals Bill, which threatens to significantly restrict jury trials, the Bar Council is publishing a polemical attack on the proposal by Geoffrey Robertson KC, founding head of Doughty Street Chambers. In his treatise ‘For Mercy’s Sake’, Mr Robertson explains how the government has overlooked
- [The Bar Standards Board publishes its 2026-27 Business Plan](https://barristermagazine.com/the-bar-standards-board-publishes-its-2026-27-business-plan/) - The Bar Standards Board (BSB) has published its annual business plan which details our activities and commitments for 2026-27. The year ahead will see the BSB improve performance across our frontline services as we focus on establishing operational excellence. We will do this by investing in people and resources and by building better processes and systems to handle
- [Inside a Murder Trial: Reflections from a Mini-Pupil](https://barristermagazine.com/inside-a-murder-trial-reflections-from-a-mini-pupil/) - By Jack Woolcombe I was born in April 2003. He was born in May 2003. I was sitting behind his junior counsel at the Old Bailey as a mini-pupil at Red Lion Chambers, watching him face a charge of murder. Mini-pupillages are talked about endlessly by students trying to break into the Bar, the
- [Barristers urge government to deliver specialist courts for sexual and domestic abuse cases, instead of restricting jury trials](https://barristermagazine.com/barristers-urge-government-to-deliver-specialist-courts-for-sexual-and-domestic-abuse-cases-instead-of-restricting-jury-trials/) - Barristers are calling on the government to honour its 2024 manifesto promise and set up specialist sexual and domestic abuse courts, rather than restrict jury trials which risks undermining justice. In its manifesto, Labour pledged to establish specialist courts at every Crown Court in England and Wales to fast-track rape cases as part of its
- [Why barristers need to take a stand on jury trials](https://barristermagazine.com/why-barristers-need-to-take-a-stand-on-jury-trials/) - I first went to watch jury trials at Liverpool Crown Court after a rudimentary 1980s computer careers test informed me, with the kind of brutal confidence only primitive technology can muster, that I was fit for only two possible futures: the Bar, or stage and screen. Despite having no clue what it really entailed, I
- [From Courtroom to Legislature: The dual paths of influence in Northern Ireland](https://barristermagazine.com/from-courtroom-to-legislature-the-dual-paths-of-influence-in-northern-ireland/) - Northern Ireland’s most contentious social questions rarely travel down a single track. Again and again, arguments that stall on the floor of the Assembly reappear, refined, sharpened, and amplified, in the High Court or the UK Supreme Court. Just as often, rulings and even obiter dicta comments ricochet back into politics with the effect of
- [“Ending Inappropriate Workplace Relationships: Toward a Ban on Sexual Relations with Juniors at the Bar”](https://barristermagazine.com/ending-inappropriate-workplace-relationships-toward-a-ban-on-sexual-relations-with-juniors-at-the-bar/) - Examine the proposal to prohibit sexual relations between barristers and trainees or pupils, exploring both its rationale and implications for professional culture. (The Guardian) By Emma Fielding, Barrister, the 36 Group Harriet Harman’s Independent review of bullying, harassment and sexual harassment at the Bar has sent shockwaves through the profession. In general the findings and
- [From Nuanced to Negligible: Ethical Behaviour Among Barristers in Context](https://barristermagazine.com/from-nuanced-to-negligible-ethical-behaviour-among-barristers-in-context/) - The title of this piece was based on a claim made by the Bar Council some time ago, (suggesting the claim predates the pandemic), which was that ‘unethical behaviour among barristers is more limited and nuanced than in other legal professions.’ Presumably, the other legal professions include solicitors, CILEX and para-legals without qualifications. The title
- [What to expect from a compelled interview](https://barristermagazine.com/what-to-expect-from-a-compelled-interview/) - By Sam Healey, Partner in Business Crime & Regulation at SPH Legal If you are required to attend a ‘compelled’ interview by an investigating authority, proceed with considerable caution and ensure you have instructed an experienced legal team. During complex and far-reaching investigations, individuals can be compelled to attend for an interview to divulge information
- [Are you an unwitting sponsor – could you be a more effective conscious sponsor?](https://barristermagazine.com/are-you-an-unwitting-sponsor-could-you-be-a-more-effective-conscious-sponsor/) - How sponsorship helps career development with relatively little effort. At the ICWA garden party in June 2025 Lady Simler’s keynote address contained a powerful call to action. She invited us to think about and engaged with the sponsorship of talented individuals. She drew the distinction between sponsorship and mentoring. She then invited us to
- [Extradition: Women on the run](https://barristermagazine.com/extradition-women-on-the-run/) - In my job as an extradition defence barrister I deal with clients who have been arrested because they are sought by another jurisdiction to stand trial or serve a sentence for offences they have committed there. These offences may have been committed years, or even decades ago. Whilst the public interest in returning requested persons
- [Improving court services for children](https://barristermagazine.com/improving-court-services-for-children/) - It is well known to professionals who work within the children law sphere, that the family court justice system is under substantial pressure. In 2024, it was reported by the National Audit Office that there were 15,980 new public law cases and 51,473 new private law cases issued in the court system. The mean
- [Transgender Athletes’ Participation in Sport](https://barristermagazine.com/transgender-athletes-participation-in-sport/) - The essence of sport is a competition, played under rules, with an unpredictable outcome. By Louis Weston, Barrister, Outer Temple Chambers The fundamental importance of an unpredictable outcome requires in some sports, sometimes, that there is a levelling of the resources of the competitors: in horseracing horses can be required to carry weights to compensate
- [Leveson: Government must address systemic criminal court inefficiency and stop wasting time on restricting jury trials – Bar Council](https://barristermagazine.com/leveson-government-must-address-systemic-criminal-court-inefficiency-and-stop-wasting-time-on-restricting-jury-trials-bar-council/) - Sir Brian Leveson has published Part 2 of his independent review of the criminal courts. Key recommendations in the report echo those that the Bar Council put forward in our submission to the review, including improving listing practices and case management, making better use of technology and remote hearings, ensuring defendants are delivered to court
- [When Equality Law Stops Being Equal: How Soft Law Quietly Rewrites Rights](https://barristermagazine.com/when-equality-law-stops-being-equal-how-soft-law-quietly-rewrites-rights/) - Equality law in the United Kingdom is a creature of statute. That is the orthodox position. Yet in recent years an increasing proportion of what practitioners treat as “equality law” has been shaped not through Acts of Parliament or binding judicial precedent, but through a growing body of soft law: guidance, codes, policy circulars,
- [Landing on your feet to kick off your second six](https://barristermagazine.com/landing-on-your-feet-to-kick-off-your-second-six/) - As soon as any big transition looms on the horizon, the advice “don’t underestimate it!” seems to ring out from all corners from those who have already taken that leap. Any pupil barrister will have risen to many challenges already to get to pupillage. The transition from an undergraduate degree or previous career
- [Mark Neale to stand down as Director General of the Bar Standards Board](https://barristermagazine.com/mark-neale-to-stand-down-as-director-general-of-the-bar-standards-board/) - Mark Neale has decided to bring forward a planned retirement and stand down as Director General of the Bar Standards Board after six years in the role. Mark will leave the BSB at the end of March. We are also announcing some changes to reinforce our operational teams. A rise in both the complexity and
- [What’s changed in child protection law in the aftermath of the child sexual abuse inquiry](https://barristermagazine.com/whats-changed-in-child-protection-law-in-the-aftermath-of-the-child-sexual-abuse-inquiry/) - It’s three years since the Independent Inquiry into Child Sexual Abuse (IICSA) issued its concluding report and recommendations, in October 2022. Launched as a statutory inquiry a decade ago, this multi-faceted investigation into the systemic abuse of children in a vast array of state and non-state institutions – including children’s homes, prisons and religious organisations
- [Ruby’s Law: A Critical Reform for the Protection of Pets in Domestic Abuse Cases](https://barristermagazine.com/rubys-law-a-critical-reform-for-the-protection-of-pets-in-domestic-abuse-cases/) - Domestic abuse remains a pervasive issue affecting millions globally, yet one often-overlooked aspect of these cases is the role of pets. While pets are valued companions in the majority of households, they are frequently exploited by abusers as tools of coercion and control. Ruby’s Law seeks to address this oversight by calling for explicit legal
- [Oxbridge graduates dominate Bar pupillages, with first-class honours degrees and some how appears to be the norm](https://barristermagazine.com/oxbridge-graduates-dominate-bar-pupillages-with-first-class-honours-degrees-some-how-appears-to-be-the-norm/) - Just over half (53%) of future barristers at top sets went to Oxford or Cambridge, with only 11% coming from non-Russell Group universities, according to new research. Mirroring long-held industry speculation, the research suggests that Commercial and Chancery sets were most likely to recruit from these elite universities, with family, common law and crime sets
- [Virtually Criminal? Sexual Violence in the Metaverse](https://barristermagazine.com/virtually-criminal-sexual-violence-in-the-metaverse/) - Virtually (adv.) Nearly / Almost By means of virtual reality techniques It has long been recognised that with new technology comes new variants of criminal activity. In response, our criminal laws arrive on the scene as the white blood cells of our body politic and are applied, adapted, or entirely overwhelmed. It is a familiar pattern.
- [A Budget on the Brink: How the Latest Fiscal Plan Leaves the Public Paying the Price](https://barristermagazine.com/a-budget-on-the-brink-how-the-latest-fiscal-plan-leaves-the-public-paying-the-price/) - The latest budget has landed with a thud rather than a flourish, leaving many asking a deeply unsettling question: Is this the financial blueprint of a country quietly edging toward bankruptcy? While the government insists that its fiscal plan is responsible, measured, and aimed at “stability,” the public reaction suggests something very different. Instead
- [Bar Council and BSB establish steering group to implement Harman report](https://barristermagazine.com/bar-council-and-bsb-establish-steering-group-to-implement-harman-report/) - The Bar Council and the Bar Standards Board (BSB) agree on the need for urgent and concerted action with the profession to tackle bullying, harassment and sexual harassment at the Bar and have established a joint steering group as part of the Bar Council’s action plan for taking forward the recommendations of the landmark Harman
- [What’s intent got to do with it? A brief look at the potential relevance of intent in findings of fact](https://barristermagazine.com/whats-intent-got-to-do-with-it-a-brief-look-at-the-potential-relevance-of-intent-in-findings-of-fact/) - 1. A finding of fact hearing is a procedure which occurs when a defendant is deemed unfit to plead or stand trial. The procedure for determining fitness to plead in the Crown Court is set out in the Criminal Procedure (Insanity) Act 1964 and the test for fitness to plead is set out in the
- [The proposed “mansion tax” by Chancellor Rachel Reeves — why the logic is flawed and the consequences troubling](https://barristermagazine.com/the-proposed-mansion-tax-by-chancellor-rachel-reeves-why-the-logic-is-flawed-and-the-consequences-troubling/) - .Introduction In the upcoming Budget (late November 2025) the Chancellor has signalled plans to introduce a levy on the highest-value homes: properties worth £2 million or more may face an annual surcharge above existing council tax bills. The Independent+4Financial Times+4The Independent+4 On the face of it, this may look like a fair-taxing of the wealthy.
- [FromCounsel partners with South Square to launch new Restructuring & Insolvency content](https://barristermagazine.com/fromcounsel-partners-with-south-square-to-launch-new-restructuring-insolvency-content/) - Legal knowledge service FromCounsel (FC) has partnered with South Square to develop a new Restructuring & Insolvency (R&I) resource, scheduled for launch in Q1 2026. Developed in close collaboration with South Square’s silks and juniors, FC R&I Knowledge represents a major expansion of FromCounsel’s specialist content and underscores South Square’s reputation at the forefront of insolvency and restructuring
- [Trauma in the Legal Profession: Recognising and Responding to the Hidden Cost of Casework   ](https://barristermagazine.com/trauma-in-the-legal-profession-recognising-and-responding-to-the-hidden-cost-of-casework/) - Trauma is a largely unspoken issue in the legal profession: a shadow diagnosis that affects many but is rarely named, discussed, or supported. By Lou Campbell, Founder of Wellbeing Partners and trauma-informed mental health professional for the legal sector We readily accept that those who survive violent crime, abuse, natural disasters or sudden loss may
- [Help! I need somebody: mentoring at the Bar](https://barristermagazine.com/help-i-need-somebody-mentoring-at-the-bar/) - I have fallen down a Beatles rabbit hole recently. They have been a part of my life for as long as I can remember. My dad must have introduced me, and now my daughter is soaking up the joys of Sgt Pepper’s Lonely Hearts Club Band and Rubber Soul every time I drive my car.
- [Will the 2027 IHT Pension Reforms Destroy the UK’s Savings Culture?](https://barristermagazine.com/will-the-2027-iht-pension-reforms-destroy-the-uks-savings-culture/) - By *The Barrister* The UK government’s forthcoming 2027 inheritance tax (IHT) reforms for pensions have ignited debate among financial advisers, wealth managers, and savers. At the heart of the controversy lies a fundamental question: will imposing a 40% inheritance tax on untouched pension pots undermine the culture of long-term saving that successive UK governments have
- [The Problem of Denying Pupil Barristers Access to Hearings](https://barristermagazine.com/the-problem-of-denying-pupil-barristers-access-to-hearings/) - Despite the mandatory nature of pupillage, one issue continues to frustrate both pupils and their supervisors: refusal or objection to a pupil’s attendance at court hearings. This problem often arises without warning, sometimes scuppering the pupil’s best-laid plans for training and development. Worse still, there is currently no guidance from the Bar Standards Board (BSB),
- [Exchange Chambers celebrates 15 years in Leeds](https://barristermagazine.com/exchange-chambers-celebrates-15-years-in-leeds/) - Exchange Chambers is celebrating its fifteen-year anniversary in Leeds. Exchange opened in Leeds in October 2010 with 4 barristers and a Senior Clerk. Fifteen-years on, the award-winning set has over 40 Leeds-based members including a number of silks. Nationally, Exchange has over 200 members. Nick Johnson KC has been with Exchange from the start of its
- [Why are Hate Crime Laws in the UK being unfairly used to prosecute Black Language Speakers?](https://barristermagazine.com/why-are-hate-crime-laws-in-the-uk-being-unfairly-used-to-prosecute-black-language-speakers/) - By Ife Thompson, Barrister, Nexus Chambers Introduction There has been a growing disturbing trend in the UK that involves the prosecution of Black language practices, wrongly under the guise of hate crime laws for words that have been reclaimed and given new meanings within languages like Black-British English (BBE) and (AAVE) African American Vernacular English.
- [Vilifying lawyers puts them at risk](https://barristermagazine.com/vilifying-lawyers-puts-them-at-risk/) - The Bars, Faculty and Law Societies in the UK have come together and accused politicians of "irresponsible and dangerous" language that is putting lawyers at risk. The joint statement in full: The Bar Council of England and Wales, the Law Society of England and Wales, the Law Society of Scotland, the Faculty of Advocates, the
- [Bar Council welcomes Court of Appeal ruling on advocate immunity](https://barristermagazine.com/bar-council-welcomes-court-of-appeal-ruling-on-advocate-immunity/) - The Bar Council has welcomed the Court of Appeal judgment in the case of XGY v Chief Constable of Sussex Police & Crown Prosecution Service (CPS) which restates the principle of core immunity for advocates. The Bar Council intervened in the case because the High Court ruling by Ritchie J significantly limited the scope of advocate immunity.
- [Safety at Court: A Cornerstone of Access to Justice](https://barristermagazine.com/safety-at-court-a-cornerstone-of-access-to-justice/) - Until April 2024, I took general court security and special measures for granted. As a practitioner frequently appearing in the Family Court in domestic abuse-related matters, I would arrive at court and only take notice of the security measures for the time it took to have my Bar Council pass scanned and be ushered through,
- [The Bar Standards Board updates on its plans for first-tier complaints handling and reporting   ](https://barristermagazine.com/the-bar-standards-board-updates-on-its-plans-for-first-tier-complaints-handling-and-reporting/) - In May 2025 we published our public consultation which sought views on how to improve the Bar’s approach to the handling of first-tier complaints – that is, complaints handled directly by barristers or chambers, rather than the Legal Ombudsman. The proposals reflected the Legal Services Board’s (LSB) new statutory requirements and guidance on handling complaints. We are
- [The Mags Court- Tippin the broken scales](https://barristermagazine.com/the-mags-court-tippin-the-broken-scales/) - Like many criminal barristers, I entered the profession with a fervent belief in justice and fairness. I desired and indeed was willing, to speak truth to power and to play a part in what I thought was the greatest justice system in the world—the envy of many. Long before I had decided to attempt to
- [Defence Considerations on Pre-Trial Litigation in Youth Court Cases Involving Exploitation](https://barristermagazine.com/defence-considerations-on-pre-trial-litigation-in-youth-court-cases-involving-exploitation/) - The London I grew up in during the early 2000s was very different from what it is now—or so the narrative goes. Still, nearly everyone I knew was impacted by crime. Victim or perpetrator. Acutely aware of our lack of street credentials, some friends and I attended a local kickboxing gym after school. That first
- [The Theatre of Justice: Jurisprudential Convergences Between Shakespeare and the Mughals](https://barristermagazine.com/the-theatre-of-justice-jurisprudential-convergences-between-shakespeare-and-the-mughals/) - In seeking cross-cultural intuition on law and justice, few juxtapositions are as arresting as that between the courtroom dramas of William Shakespeare and the legal traditions of the Mughal Empire. Though separated by genre and geography, both traditions portray adjudication as a theatrical manifestation of sovereign authority. By Abdul Qadim, Barrister, 25 Canada Square Chambers
- [Draped in Tradition, Tailored for Today: Evess Group’s Barrister Attire](https://barristermagazine.com/draped-in-tradition-tailored-for-today-evess-groups-barrister-attire/) - In the demanding world of law, first impressions carry weight. From the moment a barrister steps into court, attire becomes part of the brief—a statement of authority, professionalism, and respect for tradition. Enter Evess Group, whose Barrister Attire collection under their Tailor De Jure line marries ceremonial gravitas with modern refinement. For those who roam
- [The Intermediate Track – Is Personal Injury Disproportionately Affected and What Can the Bar Do About It?](https://barristermagazine.com/the-intermediate-track-is-personal-injury-disproportionately-affected-and-what-can-the-bar-do-about-it/) - Personal Injury has its head on the block. Again. Every now and then, one area of law or another seems to be singled out by the powers that be as “the problem” or “the thing that is costing the system too much.” In recent years, that particular axe has fallen squarely over the neck of
- [Independent review into bullying and harassment unveils ‘radical’ reforms to tackle ‘unsustainable situation’ at the Bar  ](https://barristermagazine.com/independent-review-into-bullying-and-harassment-unveils-radical-reforms-to-tackle-unsustainable-situation-at-the-bar/) - Chair of the review Harriet Harman KC has made 36 recommendations to tackle what she describes as a culture of “impunity” and “collusive bystanding” Baroness Harman found this has led to a “cohort of untouchables” as reporting bullying, harassment and sexual harassment is deemed to be career ending for the complainant Reform is said to
- [Bar Council reacts to new Sentencing Bill](https://barristermagazine.com/bar-council-reacts-to-new-sentencing-bill/) - As the Government announced the new Sentencing Bill this week, Chair of the Bar, Barbara Mills KC, said: “The Sentencing Bill reflects many proposals put forward in the Bar Council’s submissions to the Sentencing Review including greater use of electronic tagging and a creative approach to sentencing by introducing measures such as depriving defendants of liberties by
- [The Prenup that leaked: Entwistle v Helliwell explained](https://barristermagazine.com/the-prenup-that-leaked-entwistle-v-helliwell-explained/) - Entwistle v Helliwell [2025] EWCA Civ 1055 By Baldip Singh, Barrister at No5 Barristers’ Chambers For financial remedy lawyers, life’s certainties are death, taxes, and discovering assets the other side swore blind didn’t exist. The Court of Appeal’s recent decision in Entwistle v Helliwell [2025] EWCA Civ 1055 is a timely reminder that, with pre-nuptial
- [The New Arbitration Act Enters Into Force](https://barristermagazine.com/the-new-arbitration-act-enters-into-force/) - By Isuru Devendra, Barrister, 36 Stone The long-awaited Arbitration Act 2025 (“AA2025”) entered into force on 1 August 2025.[1] The AA2025 amends the Arbitration Act 1996 (“AA1996”), which provides the legislative framework for arbitration in England and Wales and Northern Ireland. The substantive provisions of the AA2025 and its amendments to the AA1996 apply to
- [Building a Trauma-Informed Practice](https://barristermagazine.com/building-a-trauma-informed-practice/) - As barristers we spend years - whether by choice or obligation - honing our advocacy skills through various courses. From the New Practitioners Programme (NPP) to the Established Practitioners Programme (EPP) the BSB requires counsel to review, record, reflect and report on their continuing professional development. By Simranjit Kamal, Barrister, Albion Chambers In recent years,
- [The Bar Standards Board publishes Annual Report on Bar Training Statistics by Provider](https://barristermagazine.com/the-bar-standards-board-publishes-annual-report-on-bar-training-statistics-by-provider/) - The Bar Standards Board (BSB) has published its 2025 annual statistics report. The report provides information for prospective barristers about different Bar training providers and aims to help students when considering which provider to choose when pursuing a career at the Bar. The report details the differences in the costs of different Bar training courses, enrolment
- [Maintaining status quo will not fix court backlog, says HMCPSI Chief Inspector](https://barristermagazine.com/maintaining-status-quo-will-not-fix-court-backlog-says-hmcpsi-chief-inspector/) - In a letter to the Attorney General, the Chief Inspector of the prosecution watchdog is calling for radical action now to fix court backlog and prevent a national emergency. In his first annual report as Chief Inspector of His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), Anthony Rogers has written to the Attorney General calling on
- [Interpreting Articles in the Court of Appeal: Syspal Capital Limited v Truman and Another [2025] EWCA Civ 469](https://barristermagazine.com/interpreting-articles-in-the-court-of-appeal-syspal-capital-limited-v-truman-and-another-2025-ewca-civ-469/) - On 3 April 2025, Alexander appeared before the Court of Appeal in an appeal from the decision of Mr Justice Roth in the case of Syspal Capital Limited v Truman and Another [2024] EWHC 1561 (Ch). As a student currently undertaking the Bar Training Course, I relished the opportunity to accompany Alexander to the hearing
- [Honouring Courtenay Griffiths KC: A Towering Figure of Justice and Inspiration](https://barristermagazine.com/honouring-courtenay-griffiths-kc-a-towering-figure-of-justice-and-inspiration/) - By Derek Payne , Publishing Director, Barrister Magazine On 23 June 2025, the legal profession lost one of its most formidable, influential, and beloved advocates: Courtenay Delsdue McVay Griffiths KC. His passing at the age of 69 marks the end of an era in British law, but his legacy—woven through decades of fearless advocacy,
- [Criminal court reform: diversion welcome but no need to curtail trial by jury, warns Bar Council](https://barristermagazine.com/criminal-court-reform-diversion-welcome-but-no-need-to-curtail-trial-by-jury-warns-bar-council/) - The Bar Council has welcomed the focus on diversion from the criminal justice system in the new report by Sir Brian Leveson but warned against proposals to remove jury trials. The Bar Council has given its initial response to Part I (the policy review) of the ‘Independent review of the criminal courts’, by Sir Brian
- [Avoiding fee disputes: pointers from the Court of Appeal](https://barristermagazine.com/avoiding-fee-disputes-pointers-from-the-court-of-appeal/) - A recent Court of Appeal decision on direct access highlights important practice points for barristers wanting to protect themselves from loss of income from unexpected diary gaps by requiring payment or part-payment of the brief fee considerably in advance By Alice Nash, Barrister, Hailsham Chambers Glaser v Atay [2024] EWCA Civ 1111 was a claim
- [A Possible Miscarriage of Justice? Why Sean “Diddy” Combs Should Appeal His Conviction](https://barristermagazine.com/a-possible-miscarriage-of-justice-why-sean-diddy-combs-should-appeal-his-conviction/) - On July 2, 2025, the world watched as music mogul Sean “Diddy” Combs was convicted on two counts under the Mann Act—allegations that he transported individuals across state lines for illegal sexual activity. Though acquitted of more severe charges such as racketeering and sex trafficking—both of which carried potential life sentences—Combs now faces decades in
- [Progress on judicial diversity is ‘too slow’](https://barristermagazine.com/progress-on-judicial-diversity-is-too-slow/) - The Ministry of Justice has published the annual ‘Diversity of the judiciary: 2025 statistics’. The report finds that since 2015, the number of judges from different ethnic minority backgrounds has increased from 7% to 12%, but the number of Black judges has remained at 1% of all judges. Responding to the publication, Barbara Mills KC,
- [Bar Standards Board launches consultation to make its enforcement process more efficient and effective, enhancing transparency and reinforcing fairness](https://barristermagazine.com/bar-standards-board-launches-consultation-to-make-its-enforcement-process-more-efficient-and-effective-enhancing-transparency-and-reinforcing-fairness/) - The Bar Standards Board (BSB) has today launched a consultation, following a review and redesign of its end-to-end enforcement process. It is part of the BSB’s work to modernise delivery of its gatekeeping and enforcement functions aimed at greater efficiency, transparency and speed. It follows a review of how the regulator’s enforcement system operates by Fieldfisher LLP
- [Standish v Standish: The £78 Million Question – When Does Wealth Say ‘I Do’?  The Supreme Court Tackles the 'Matrimonialisation' of Wealth](https://barristermagazine.com/standish-v-standish-the-78-million-question-when-does-wealth-say-i-do-the-supreme-court-tackles-the-matrimonialisation-of-wealth/) - 2 July 2025 Baldip Singh No5 Chambers | Financial Remedies Barrister Today, the Supreme Court delivered its judgment in Standish v Standish [2025] UKSC 26, a landmark case for financial remedies practitioners. It rewrites the financial playbook for wealthy divorces or, at the very least, causes a few sharp intakes of breath in Belgravia.
- [Civil legal aid boost long overdue but falls far behind inflation says Bar Council](https://barristermagazine.com/civil-legal-aid-boost-long-overdue-but-falls-far-behind-inflation-says-bar-council/) - The Bar Council has welcomed the long overdue increase to civil legal aid fees for housing and immigration. This is the first increase for civil legal aid fees since 1996 and since that time, the consumer price index (CPI) has increased by 96.8%. What that means is that, despite the increase, civil legal aid fees
- [New Guidance on Responding to a Child’s Unexplained Reluctance, Resistance, or Refusal to Spend Time with a Parent:   ](https://barristermagazine.com/new-guidance-on-responding-to-a-childs-unexplained-reluctance-resistance-or-refusal-to-spend-time-with-a-parent/) - In December 2024, the Family Justice Council issued new guidance which details how courts and legal professionals should respond to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and how to deal with allegations of ‘alienating behaviour’. This article aims to provide a short summary of the key points from
- [Bar Standards Board report shows persistent income gaps by gender and ethnicity at the Bar](https://barristermagazine.com/bar-standards-board-report-shows-persistent-income-gaps-by-gender-and-ethnicity-at-the-bar/) - The Bar Standards Board (BSB) has today published a report on barristers’ income by gender and ethnicity. This follows our previous research report on income at the Bar published in February 2022 and seeks to look at what has happened to barristers’ incomes over the last three years. It examines differences in earnings of barristers by
- [From Compliance to Commitment: Embedding EDI in the Legal Profession](https://barristermagazine.com/from-compliance-to-commitment-embedding-edi-in-the-legal-profession/) - Disability Pride Month (“DPM”) is approaching, and an opportunity to discuss the positive impact the Bar Standards Board’s (the “BSB”) package of Equality, Diversity and Inclusion (“EDI”) reforms on addressing some of the remaining problems faced by disabled barristers. DPM is held each July to commemorate the enactment of the Americans with Disabilities Act (the
- [The Absent Complainant: Analysing the challenges of prosecuting domestic abuse, the fairness of res gestae and why Barton was decided the way it was (with a refresher on prosecuting such trials](https://barristermagazine.com/the-absent-complainant-analysing-the-challenges-of-prosecuting-domestic-abuse-the-fairness-of-res-gestae-and-why-barton-was-decided-the-way-it-was-with-a-refresher-on-prosecuting-such-trials/) - By Michael Ruddick, Pupil Barrister, Crown Prosecution Service The right to a fair trial has been endlessly commented on by everyone, from the wisest judge to the most enthusiastic journalist. Everyone has their own view of what makes a fair trial. That’s natural, of course - a fair trial is quite possibly the single most
- [The self-reporting dilemma:  does new guidance from the Serious Fraud Office clarify the landscape?](https://barristermagazine.com/the-self-reporting-dilemma-does-new-guidance-from-the-serious-fraud-office-clarify-the-landscape/) - One of the key issues for any company which uncovers evidence of criminal wrongdoing in the business will be whether or not to report the matter to the authorities voluntarily. Subject to a few exceptions (eg companies working in the financial sector) there is no obligation to do so and so the question is whether
- [How can the coroner service be improved?](https://barristermagazine.com/how-can-the-coroner-service-be-improved/) - Last year’s general election prevented the Justice Committee from publishing its long-awaited report into the coroner service for England and Wales. Outgoing Chair of the Committee, Sir Robert Neill KC (Hon) MP, did however highlight some key findings, saying that the coroner service is “chronically under-resourced and underfunded.” Other findings included: The Committee saw evidence
- [Preventing Future Deaths – Is the System Working?](https://barristermagazine.com/preventing-future-deaths-is-the-system-working/) - On 1 January 2025 the Chief Coroner, Her Honour Judge Alexia Durran, published a list of ‘Non-responses to Prevention of Future Deaths (PFD) Reports’. In doing so she has confirmed a longstanding fear: that the Regulation 28 ‘Preventing Future Deaths’ regime embedded within the inquest process is failing to achieve its purpose. The list –
- [Opening the Bar: The Promise of the Barrister Apprenticeships](https://barristermagazine.com/opening-the-bar-the-promise-of-the-barrister-apprenticeships/) - In December last year, I had the privilege of hosting three outstanding 18-year-old school leavers for work experience at the Chelmsford Crown Court. I first met these young men a few weeks earlier while watching them participate in a mock trial at the Old Bailey—an event organised by LTSB. LTSB is a social mobility charity
- [Inefficient family courts provide poor value for money and fail to adequately protect children, says CILEX](https://barristermagazine.com/inefficient-family-courts-provide-poor-value-for-money-and-fail-to-adequately-protect-children-says-cilex/) - The family court system is failing to meet demand, is inefficient and “poor value for money for taxpayers”, says CILEX (Chartered Institute of Legal Executives) in calling for urgent improvements to protect children using court services. CILEX recommends additional financial support as well as improved data sharing practices between agencies involved in the family courts, other measures
- [Dominating the Competition, but Abusively? The Complaint Against FIFA Explained](https://barristermagazine.com/dominating-the-competition-but-abusively-the-complaint-against-fifa-explained/) - Many of us are familiar with the idea of one football team being the dominant force in a national league, take Manchester City in the Premier League (England), FC Bayern Munich in the Bundesliga (Germany), or Real Madrid in La Liga (Spain). But what about the idea of world football’s governing body having a dominant
- [Rethinking Complaints: New BSB Proposals Set to Reshape Barristers’ Regulatory Landscape](https://barristermagazine.com/rethinking-complaints-new-bsb-proposals-set-to-reshape-barristers-regulatory-landscape/) - By Peter Causton, Barrister, 7 Harrington Street Chambers In a significant step towards enhancing transparency and consumer protection, the Bar Standards Board (BSB) has launched a public consultation proposing that all client complaints be reported directly to both chambers and the regulator. The consultation signals a marked shift in how the Bar approaches first-tier complaints
- [BSB change of course on equality rules is the right decision, says Bar Council](https://barristermagazine.com/bsb-change-of-course-on-equality-rules-is-the-right-decision-says-bar-council/) - The Bar Council has welcomed the announcement from the Bar Standard Board (BSB) that it will not press ahead with proposals to change the barristers’ core duty on equality and diversity. The headline recommendation in the BSB consultation last year was to amend Core Duty 8 from a clear duty not to discriminate to a
- [Misunderstood and Misjudged: Racial Bias, Language Failures, and Evidential Missteps in London Borough of Croydon v D and Anor [2024] EWFC 438   ](https://barristermagazine.com/misunderstood-and-misjudged-racial-bias-language-failures-and-evidential-missteps-in-london-borough-of-croydon-v-d-and-anor-2024-ewfc-438/) - Abstract This article examines the decision in London Borough of Croydon v D and Anor [2024] EWFC 438, where the Family Court dismissed allegations of non-accidental injury made against Afghan parents of premature twins. The judgment raises concerns about cultural bias, inadequate interpretation, and misuse of paediatric evidence in safeguarding proceedings. Set against the context
- [Vicarious liability & unprovoked attacks:  J D Wetherspoon Plc v (1) Burger (2) Risk Solutions BG Ltd. [2025] EWHC 1259 (KB)](https://barristermagazine.com/vicarious-liability-unprovoked-attacks-j-d-wetherspoon-plc-v-1-burger-2-risk-solutions-bg-ltd-2025-ewhc-1259-kb/) - By David Sandiford On 5 August 2018 Mr Burger was restrained by two door supervisors outside a pub operated by Wetherspoons with such force that he suffered a dislocated hip, requiring emergency surgery and a three-night hospital stay. The door supervisors were employees of Risk Solutions who were engaged by JDW to provide door security
- [Politicians and Political Parties Jumping on the Immigration Bandwagon Expose themselves as lacking the ability-or the willingness-to think deeply, act responsibly, or offer real solutions.](https://barristermagazine.com/politicians-and-political-parties-jumping-on-the-immigration-bandwagon-expose-themselves-as-lacking-the-ability-or-the-willingness-to-think-deeply-act-responsibly-or-offer-real-solutions/) - Immigration is one of the most hotly debated topics in modern politics. Across democracies, politicians and political parties routinely seize upon immigration as a campaign tool, promising tough new measures or more welcoming policies depending on the perceived mood of the electorate. Yet, this pattern of jumping on the immigration bandwagon often reveals a deeper
- [Why UK Politicians and Political Parties Should Stop Playing the Immigration Card](https://barristermagazine.com/why-uk-politicians-and-political-parties-should-stop-playing-the-immigration-card/) - Immigration has long been a defining and divisive issue in UK politics. With every election cycle, the debate resurfaces-often with heightened rhetoric, bold pledges, and policy overhauls. In recent months, both the Labour and Conservative parties have unveiled sweeping reforms aimed at tightening the UK’s immigration system, promising to “take back control” and reduce net
- [Chinese Medicine in the UK at a Regulatory Crossroads](https://barristermagazine.com/chinese-medicine-in-the-uk-at-a-regulatory-crossroads/) - Chinese medicine has a long history of providing alternative therapeutic approaches for various health conditions, and over the past few decades, it has experienced growing popularity in the United Kingdom (‘UK’). Patients who are drawn to holistic and time-honoured treatment methods often seek Chinese medicine as a complementary addition to conventional healthcare, particularly for chronic
- [Why Keir Starmer’s Speech Was Literally an Endorsement for Reform UK](https://barristermagazine.com/why-keir-starmers-speech-was-literally-an-endorsement-for-reform-uk/) - Keir Starmer’s recent speech on immigration, delivered in the wake of mounting public concern and political pressure, has sent shockwaves through the British political landscape. Ostensibly intended to reassert Labour’s control over the immigration debate, the speech has instead been widely interpreted as a rhetorical and policy endorsement for Reform UK-the populist party led by
- [When Will the Conservatives and Labour Wake Up to the Fact That Reform UK Is Their Creation?](https://barristermagazine.com/when-will-the-conservatives-and-labour-wake-up-to-the-fact-that-reform-uk-is-their-creation/) - The rise of Reform UK has sent shockwaves through the British political establishment. Once dismissed as a fringe movement, the party has now seized hundreds of council seats, won its first mayoralties, and is polling ahead of the Conservatives and, in some cases, even Labour10211. The question that looms over Westminster is not just how
- [Why Politicians and Political Parties Continually Playing the Immigration Card Can Inadvertently Put Immigrants’ Lives and Liberty at Risk](https://barristermagazine.com/why-politicians-and-political-parties-continually-playing-the-immigration-card-can-inadvertently-put-immigrants-lives-and-liberty-at-risk/) - The United Kingdom’s political landscape has long been marked by heated debates over immigration. With each election cycle, politicians and parties-across the ideological spectrum-return to the “immigration card,” deploying tough rhetoric and promising ever-stricter controls. While such strategies may yield short-term political gains, they carry profound and often overlooked risks for immigrants’ lives, liberty, and
- [With a Rapidly Aging Population, You Would Think That the UK Needs Immigrants](https://barristermagazine.com/with-a-rapidly-aging-population-you-would-think-that-the-uk-needs-immigrants/) - The United Kingdom is undergoing a profound demographic transformation. The population is not only growing, but it is also aging at an unprecedented rate. With nearly one in five Britons now aged 65 or over and projections showing this proportion will only rise, the question of how to sustain the economy, public services, and social
- [Putting  more ‘A’ into ‘ADR’](https://barristermagazine.com/putting-more-a-into-adr/) - By JOHN PUGH-SMITH, Barrister, 39 Essex Chambers Introduction It is an “inconvenient truth” (as the titled 2006 film then described climate change) and litigation reality that the current civil justice system is broken. Indeed, at last November’s Civil Mediation Council Annual Conference (held online), the keynote address by Sir Geoffrey Voss MR included mention
- [The Bar Standards Board launches dashboard to provide better access to data about the Barrister profession](https://barristermagazine.com/the-bar-standards-board-launches-dashboard-to-provide-better-access-to-data-about-the-barrister-profession/) - The Bar Standards Board (BSB) has today launched an interactive dashboard to make data about the barrister profession more accessible to the public. As part of its role, the BSB collects data about those who practise as a barrister. This Snapshot of the Profession dashboard brings together up to date data in a format that is clear
- [Has International Arbitration Lost Its Way?](https://barristermagazine.com/has-international-arbitration-lost-its-way/) - The full report of the “GAR- LCIA roundtable: Time for a Reset?” was published in late 2024. This report is noteworthy for two reasons. Firstly, it delivers a comprehensive and refreshing assessment by renowned arbitrators and users of the problems in international arbitration. Secondly, it contains 12 recommendations aimed at tackling the growing length and
- [Forum Chambers: A Boutique Set taking on the Big Boys](https://barristermagazine.com/forum-chambers-a-boutique-set-taking-on-the-big-boys/) - Chambers are a feature of the English legal landscape which have few parallels in other countries. There are just over 400 Chambers, which come in various different shapes and sizes. There are the mega-sets which are large, which commodify the work of many of their barristers, and which often charge lower fees and have lower
- [Love's Second Chances: Reconciliation in Modern Marriage and English Family Law in light of HK v SS.](https://barristermagazine.com/loves-second-chances-reconciliation-in-modern-marriage-and-english-family-law-in-light-of-hk-v-ss/) - By Benjamin Rose, Pupil, Wilberforce Chambers, Hull, Deputy District Judge (Civil & Financial Remedies The immortal words of Shakespeare, whilst gradually being erased from schools, still resonate throughout the divorce courts of England and Wales; “the course of true love never did run smooth”[1]. Recent headlines about Molly-Mae and Tommy Fury's reconciliation[2] remind us
- [Reaching for Silk: Jacqueline Renton KC on Progress and the Bar for Women](https://barristermagazine.com/reaching-for-silk-jacqueline-renton-kc-on-progress-and-the-bar-for-women/) - From the age of 16, I wanted to be a family law Barrister. I was never a quiet individual, and I concluded it would be ideal to be paid to argue and help families along the way. I studied Politics and Theology at Bristol University, followed by the Law Conversion course at City University. I
- [Exchange Chambers celebrates silk’s “extraordinary” career](https://barristermagazine.com/exchange-chambers-celebrates-silks-extraordinary-career/) - Exchange Chambers has celebrated Bill Braithwaite KC’s “extraordinary” career with a retirement drinks reception. Bill was called to the Bar in 1970 and took silk in 1992. Independently recognised as the UK’s leading personal injury barrister, he served as Head of Exchange Chambers for around 30 years, making him one of the longest serving leaders
- [Gifts and Grudges in the Financial Remedies Court](https://barristermagazine.com/gifts-and-grudges-in-the-financial-remedies-court/) - By Julia Townend, Barrister at 4PB Advances of funds to a spouse by family members before, during or after separation habitually become a bone of contention during litigation in the Financial Remedies Court. Disputes may arise in relation to the provenance of funds, but more frequently about their categorisation (gift, hard loan or soft loan)
- [Crisis at the Criminal Bar – a Law Student’s Perspective.](https://barristermagazine.com/crisis-at-the-criminal-bar-a-law-students-perspective/) - As a law student, witnessing the continuing deterioration of the Criminal Bar is deeply concerning. While there are several issues, what stands out prominently to me is the shortage of criminal barristers. The Crown Court’s outstanding caseload is the largest it has ever been at over 67,000 at the start of 2024. Last year, one
- [Bar Standards Board publishes annual report on diversity of its workforce](https://barristermagazine.com/bar-standards-board-publishes-annual-report-on-diversity-of-its-workforce/) - The Bar Standards Board (BSB) has published its annual report on the diversity of its workforce and Board members. In taking forward its regulatory objectives, which include to encourage an independent, strong, diverse and effective legal profession, the BSB aims to lead by example. The Diversity of BSB Workforce and Board Members report demonstrates the BSB’s
- [Bar Council Chair urges barristers to report inappropriate behaviours](https://barristermagazine.com/bar-council-chair-urges-barristers-to-report-inappropriate-behaviours/) - Barbara Mills KC, Chair of the Bar Council, has urged barristers and chambers professionals to report inappropriate behaviours they have experienced or witnessed at the Bar to help change the culture at the Bar. In the last few months there has been a cluster of findings by the Bar Tribunal and Adjudication Service (BTAS) involving
- [The Provision of Legal Services in the Era of Social Media](https://barristermagazine.com/the-provision-of-legal-services-in-the-era-of-social-media/) - Barristers are often typecast as pin-stripe-wearing extroverts who are rather too good at self-promotion. But mention “business development”, “marketing” or “social media” in any meeting and you’re guaranteed to watch talented, experienced advocates squirm. By Anna Yarde, Barrister, Harcourt Chambers Why? Firstly, there’s a huge difference between being confident in the courtroom and being effective
- [What can Housing expect from the new administration (apart from less Housing Ministers)?](https://barristermagazine.com/what-can-housing-expect-from-the-new-administration-apart-from-less-housing-ministers/) - Housing is a very broad term, and this article does not intend or pretend to cover all that is relevant in this field. It does however seek to give a flavour of the position we find ourselves in now and what is being done and likely to be done to improve matters. By Andrew Lane,
- [Adjudication: A Successful UK Export?](https://barristermagazine.com/adjudication-a-successful-uk-export/) - Statutory adjudication (under the Housing Grants, Construction and Regeneration Act 1996 (as amended)) [the HGCRA] (which was itself founded upon contractual mechanisms under industry standard forms) is, almost certainly, one of the most significant and successful legislative exports of the United Kingdom. By Andrew Burr[1] and Narudee Chuekitkumchorn[2] UK adjudication procedure Procedure under the
- [Kathryn Stone OBE to leave the Bar Standards Board in the summer following appointment as HM Inspector of Constabulary and Fire and Rescue Authorities](https://barristermagazine.com/kathryn-stone-obe-to-leave-the-bar-standards-board-in-the-summer-following-appointment-as-hm-inspector-of-constabulary-and-fire-and-rescue-authorities/) - Kathryn Stone, Chair of the Bar Standards Board has been appointed to the role of HM Inspector of Constabulary and Fire and Rescue Authorities (HMICFRS). Kathryn was selected following a rigorous recruitment process, conducted in accordance with the Governance Code on Public Appointments. HMICFRS Inspectors are then appointed by His Majesty the King on the
- [BSB publishes Regulatory Action Diversity Analysis Report](https://barristermagazine.com/bsb-publishes-regulatory-action-diversity-analysis-report/) - The BSB has today published research analysing the outcomes of reports regarding barrister conduct received and processed1 by the BSB. By reports, we mean concerns about the conduct of a barrister that are reported to us. This research details how likely barristers are to be subject to a report, with a particular focus on the characteristics of ethnicity
- [Where planetary boundaries and legal boundaries coincide](https://barristermagazine.com/where-planetary-boundaries-and-legal-boundaries-coincide/) - I write as the world holds its breath awaiting the results of the election in the USA. Whoever wins, there will be significant consequences for legal regulation of many details of the physical and living world; whatever regulatory policies are pursued will affect greenhouse gas (GHG) levels, environmental pollution, biodiversity, marine ecosystems and all
- [Resolving disputes about children away from court](https://barristermagazine.com/resolving-disputes-about-children-away-from-court/) - Each year, approximately 46,000 private family law applications are issued in respect of children. These disputes usually involve parents, with around 10% involving grandparents or other family members. It is estimated that 10% of separated families make use of the courts in arriving at child arrangements. Delays Proceedings in the family court across the board
- [The Mystery of the Inquest: Understanding Coroner Inquiries](https://barristermagazine.com/the-mystery-of-the-inquest-understanding-coroner-inquiries/) - The inquest process, though often misunderstood, serves as a vital function in our justice system, with roots that extend back to medieval England. Charged with investigating sudden, unexplained, or violent deaths, the role of the coroner has evolved considerably from its inception in 1194, transitioning from a tax-gatherer to an independent judicial officer. Laws LJ
- [Privilege at the Intersection between Civil and Criminal Disputes.](https://barristermagazine.com/privilege-at-the-intersection-between-civil-and-criminal-disputes/) - Introduction Corporations, individuals and institutions may find themselves navigating troubled waters if by their conduct, they unwittingly waive legal professional privilege (“LPP”) over confidential communications. Such events can easily arise. Internal investigations can give rise to complex privilege issues, especially when they overlap with potential civil or criminal proceedings. Consider a scenario where a company
- [Judicial Caution or Judicial Paralysis? The Reluctance to Apply K v K](https://barristermagazine.com/judicial-caution-or-judicial-paralysis-the-reluctance-to-apply-k-v-k/) - The Court of Appeal’s decision in K v K [2022] EWCA Civ 468 is a seminal ruling that provides essential guidance on the appropriate approach to fact-finding hearings in private family law proceedings. Specifically, the judgment underscores the necessity of ensuring that such hearings are proportionate, relevant, and not a default mechanism in cases
- [Solving the tension between the financial remedies court’s approach to conduct and Resolution’s recommendations](https://barristermagazine.com/solving-the-tension-between-the-financial-remedies-courts-approach-to-conduct-and-resolutions-recommendations/) - Where there are allegations of domestic abuse in financial remedies proceedings, there is tension between the court’s approach and Resolution’s recommendations. In the last 18 months, the court has made its approach to conduct in financial remedies proceedings very clear; there are very few cases where conduct will be a live issue. Resolution is pushing
- [Closing the Barrister Skills Gap](https://barristermagazine.com/closing-the-barrister-skills-gap/) - With growing concerns over wellbeing, workplace culture and attrition rates, the legal profession is at a critical juncture. While solicitors are starting to benefit from enhanced training initiatives following the introduction of the SRA’s Workplace Culture Guidance, the Bar is lagging behind. In this article, I explore the barrister skills gap and how the programmes
- [10-year Anniversary of Park Square Barristers](https://barristermagazine.com/10-year-anniversary-of-park-square-barristers/) - A decade on the merger between Number 6 and Sovereign Chambers has been a tremendous success. We are proud of our achievements, and we would like to thank all our clients for their support. We would also like to thank Andrew Lewis KC as one of the founding joint heads of chambers PSQB are now established as
- [BSB publishes its Annual Diversity at the Bar Report ](https://barristermagazine.com/bsb-publishes-its-annual-diversity-at-the-bar-report/) - The Bar Standards Board (BSB) has today published its annual summary of the latest available diversity data for the Bar. It covers pupils, practising King’s Counsel - KC - and practising non-KC barristers. Last year’s report is available here. This report assists the BSB in meeting its statutory duties under the Equality Act 2010 and sets out
- [The Bar Standards Board provides support to chambers with new webpage](https://barristermagazine.com/the-bar-standards-board-provides-support-to-chambers-with-new-webpage/) - In October 2023, the Bar Standards Board launched a public consultation to clarify our regulatory expectations of chambers. This followed a series of consultative roundtables across all circuits in England and Wales, which reaffirmed the important role which chambers can play in fulfilling many shared professional and regulatory objectives. The Bar Standards Board has now brought together
- [Cram Dos, Don’ts and  Darn Its:     The ‘Too Much Unfair Value’ Approach To The UK Cramdown](https://barristermagazine.com/cram-dos-donts-and-darn-its-the-too-much-unfair-value-approach-to-the-uk-cramdown/) - By Riz Mokal ABSTRACT What is rationality and what role does it play in the bargaining in which parties engage as part of a restructuring? Is the outcome of rational bargaining fair? And, incidentally, what does ‘fair’ mean? How does reasonableness differ from rationality, and what is its role in restructuring negotiations? What
- [Bar Standards Board publishes thematic review of training providers’ admissions arrangements](https://barristermagazine.com/bar-standards-board-publishes-thematic-review-of-training-providers-admissions-arrangements/) - The Bar Standards Board (BSB), is today publishing a review of the admissions arrangements of vocational Bar course training providers and how they support student progression. The BSB supervision team conducts thematic reviews to examine, in depth, a specific topic or theme relating to an area of our regulatory functions. This review spanned the years
- [Barristers call for radical rethink on ‘tough’ sentencing](https://barristermagazine.com/barristers-call-for-radical-rethink-on-tough-sentencing/) - Successive governments’ “tough on crime” pledges will not be met through longer prison sentences, the Bar Council argues in a new submission to the sentencing review. In response to the Gauke review’s call for evidence, the Bar Council’s submission – written by a working group of criminal barristers – points to the fact that while
- [Bar Chair calls for rollout of ‘problem-solving’ courts to tackle violence against women and girls](https://barristermagazine.com/bar-chair-calls-for-rollout-of-problem-solving-courts-to-tackle-violence-against-women-and-girls/) - box Search for all messages with label Inbox Remove label Inbox from this conversation Bar Chair calls for rollout of ‘problem-solving’ courts to tackle violence against women and girls The Bar Council is calling on the UK government to prioritise funding the rollout of Pathfinder ‘problem solving courts’ as a step towards meeting its aim
- [Pro Bono Recognition List for England & Wales - returns in 2025 with an expanded scope and endorsed by many](https://barristermagazine.com/pro-bono-recognition-list-for-england-wales-returns-in-2025-with-an-expanded-scope-and-endorsed-by-many/) - Endorsed By The Lady Chief Justice, the Pro Bono Recognition List Returns for Second Year with expanded Eligibility Criteria. 13th January 2025, LONDON – The Attorney General’s Pro Bono Committee is proud to announce the return of the Pro Bono Recognition List of England & Wales for 2025, with submissions opening today (13th January). Building on the
- [4PB’s Barbara Mills KC Makes History as Chair of the Bar Council of England and Wales for 2025](https://barristermagazine.com/4pbs-barbara-mills-kc-makes-history-as-chair-of-the-bar-council-of-england-and-wales-for-2025/) - Barbara Mills KC, Joint Head of Chambers at leading family law set 4PB, has been elected Chair of the Bar Council for 2025. This groundbreaking appointment marks several historic firsts. Barbara becomes the first black woman and the first person of colour to hold the role, as well as leading the first all-female officer team
- [The important role played by Pakistani doctors in the NHS](https://barristermagazine.com/the-important-role-played-by-pakistani-doctors-in-the-nhs/) - Introduction The role of Pakistani doctors in the National Health Service (NHS) is both significant and multifaceted, reflecting a rich history of migration, professional contribution, and cultural integration. As one of the largest groups of international medical graduates (IMGs) in the UK, Pakistani doctors have been pivotal in addressing healthcare shortages, enhancing medical services, and
- [Barrister apprenticeship standard endorsed by Bar Standards Board](https://barristermagazine.com/barrister-apprenticeship-standard-endorsed-by-bar-standards-board/) - The Institute for Apprenticeships and Technical Education (IFATE) and the Bar Standards Board (BSB) are pleased to announce the Barrister Apprenticeship Standard. This new standard sets out the skills, knowledge and behaviours needed to become a successful practising barrister in England and Wales. The Barrister Apprenticeship Standard provides the framework for an apprenticeship route to qualification identified in
- [Race at the Bar: time to double down on race equality work, says Bar Council](https://barristermagazine.com/race-at-the-bar-time-to-double-down-on-race-equality-work-says-bar-council/) - The Bar Council is calling on individuals, chambers, and organisations at the Bar to step up work on race equality and keep the momentum going, as it publishes the follow up report to the landmark Race at the Bar report 2021. The new report ‘Race at the Bar: Three years on’ reveals there has been
- [The International Criminal Court's Approach to Disability: Making or Breaking Foundations?](https://barristermagazine.com/the-international-criminal-courts-approach-to-disability-making-or-breaking-foundations/) - The pursuit of justice within an international framework has historically aimed to address the atrocities committed during conflicts, genocide, and other serious crimes. The International Criminal Court (ICC), established by the Rome Statute in 2002, serves as a beacon of hope for victims seeking accountability in these areas. However, one notable aspect increasingly at the
- [Global Artificial Intelligence Regulations: Challenges and Pathways for the UK](https://barristermagazine.com/global-artificial-intelligence-regulations-challenges-and-pathways-for-the-uk/) - By Rakhi Rashmi, Barrister at 10 Kings Bench Walk Chambers Introduction There is a widespread recognition that Artificial intelligence [AI] can swiftly and dramatically transform human reality in all sectors. Along with having the power to transform most sectors, the potential risk associated with AI systems is also of concern. The benefit of AI in
- [Ipsos poll on public awareness of the Bar and the Bar Standards Board](https://barristermagazine.com/ipsos-poll-on-public-awareness-of-the-bar-and-the-bar-standards-board/) - In March 2024, the Bar Standards Board commissioned Ipsos, a leading independent market research agency, to conduct a survey of a representative sample of British adults aged 16-75, along with a booster sample of 200 responses specifically for Wales. The aim of this survey was to improve our understanding of public awareness and confidence in
- [Barristers, it’s Time to Invest in Coaching!](https://barristermagazine.com/barristers-its-time-to-invest-in-coaching/) - The Gregorian New Year is round the corner. A time for many of us to reflect, clear out the old, welcome in the new and set intentions for the future. Yet around 80% of us go on to abandon our resolutions by February[1]. Why? Often, it’s because we go it alone, lacking the support of
- [The Duty to prevent Sexual Harassment](https://barristermagazine.com/the-duty-to-prevent-sexual-harassment/) - On 26th October 2024, the Equality Act 2010 (“EqA 2010”) was amended by The Worker Protection ( Amendment of Equality Act 2010) Act 2023 to provide for a new duty to prevent sexual harassment in the workplace. What does that mean for Barristers’ Chambers and those who are responsible for the administration of them? The
- [Independent report supports call for immediate uplift in criminal legal aid fees](https://barristermagazine.com/independent-report-supports-call-for-immediate-uplift-in-criminal-legal-aid-fees/) - The Bar Council is repeating calls on the Ministry of Justice for an immediate 15% uplift in criminal legal aid fees for barristers, following the publication of the first Criminal Legal Aid Advisory Board (CLAAB) report. The independent advisory board, chaired by Her Honour Deborah Taylor, was established by the Ministry of Justice in October
- [Is the Suspected Inflicted Head Injury Service Pilot the first step to whole system change?](https://barristermagazine.com/is-the-suspected-inflicted-head-injury-service-pilot-the-first-step-to-whole-system-change/) - By Elizabeth Bowden, Barrister, College Chambers My areas of practice are family finances and civil litigation, which gives me a stepped-back view of what my colleagues in family children/public law are facing. If you are wondering why I am writing anything on this topic, that is perfectly reasonable. I recently recorded a podcast episode with
- [The Art of Avoiding the Courtroom: Mastering Non-Court Dispute Resolution](https://barristermagazine.com/the-art-of-avoiding-the-courtroom-mastering-non-court-dispute-resolution/) - In the fast-paced and ever-evolving world of family law, staying ahead of the game is not merely a luxury, it’s an absolute necessity. The recent revisions to the Family Procedure Rules (FPR), particularly those introduced on 29 April 2024, serve as a stark reminder that non-court dispute resolution (NCDR) should no longer be viewed as
- [Disproportionality in Stop & Search Encounters](https://barristermagazine.com/disproportionality-in-stop-search-encounters/) - With the ever-changing social climate, there is an increasing need for communities to be unified and not let minority voices of hate and division dominate. However, communities, particularly minority and marginalised ones need to have trust and confidence in the Police Force. They need to believe that they will be protected, and have their rights
- [Labour’s aim for growth backfires; farming takes the pain](https://barristermagazine.com/labours-aim-for-growth-backfires-farming-takes-the-pain/) - As the dust settles on last week’s Budget, the consequences for the wider economy and farming are beginning to become clear. And that is particularly the case when it comes to stimulating growth, supporting domestic business and strengthening agriculture. The Inheritance Tax (IHT) changes - reducing agricultural and business property relief (APR and BPR) will
- [Advocate and the Bar: Working together as demand for pro bono support reaches all-time high](https://barristermagazine.com/advocate-and-the-bar-working-together-as-demand-for-pro-bono-support-reaches-all-time-high/) - By Lucianne Baltrock-Nitzsche, Communications Officer, Advocate Advocate has seen record-breaking numbers of applicants seeking legal advice and representation on a pro bono basis over the last 12 months. In the last year, applications to Advocate, which is the Bar’s national pro bono charity, have increased by over 20%, making current levels of activity the highest
- [Coercive Control in Children Act Cases – An Update](https://barristermagazine.com/coercive-control-in-children-act-cases-an-update/) - By Molly Mifsud, barrister, College Chambers Coercive control is still a matter those of us practicing in family law are seeing time and time again and I imagine if you are anything like me, you are seeing it in several ways. There are some significant changes that have taken place in the world of the
- [The budget - family lawyers react](https://barristermagazine.com/the-budget-family-lawyers-react/) - Nicholas Fairbank, Barrister at 4PB, says: "High income families will be pleased to see that many of the feared tax increases affecting the wealthy have not materialised. This is particularly the case for those going through a divorce or separation and the difficult financial discussions that come with the process. However, the new private school
- [Budget: Welcome step for justice but still a way to go – Bar Council Inbox](https://barristermagazine.com/budget-welcome-step-for-justice-but-still-a-way-to-go-bar-council-inbox/) - Budget: Welcome step for justice but still a way to go – Bar Council The Bar Council has welcomed the overall settlement for justice in the Budget. According to the Budget ‘red book’ the Ministry of Justice settlement provides total DEL (departmental expenditure limit) funding of £13.8 billion in 2025-26. This is equivalent to an
- [The Rise of the English Jurisdiction as Europe’s Leading Venue for Arbitration Award Enforcement Against Recalcitrant EU States.](https://barristermagazine.com/the-rise-of-the-english-jurisdiction-as-europes-leading-venue-for-arbitration-award-enforcement-against-recalcitrant-eu-states/) - In the grand tradition of British legal fortitude, one cannot help but acknowledge the unbeatable supremacy of London in enforcing arbitration awards against the sometimes capricious EU member states in the international scenario. It is an irony, indeed, that while our continental brethren embroil themselves in bureaucratic entanglements and juridical contortions, London remains an unassailable
- [The End of No-Fault Evictions: The Unintended Consequences of Reform](https://barristermagazine.com/the-end-of-no-fault-evictions-the-unintended-consequences-of-reform/) - By Farhan Asghar, CEO, The Solicitors, Advocates & Barristers Inc Section 21 of the Housing Act 1988 grants landlords the power to evict tenants without providing a specific reason, often referred to as a 'no-fault eviction'. This provision has been a cornerstone of the private rented sector, allowing landlords to regain possession of their property
- [As a ‘covid pupil’, my legal career has grown with the Cloud Video Platform (CVP) and its illusive conference pin master](https://barristermagazine.com/as-a-covid-pupil-my-legal-career-has-grown-with-the-cloud-video-platform-cvp-and-its-illusive-conference-pin-master/) - By Eleanor Durdy, barrister, Park Square Barristers I wrote an article in early 2021 and in 2022 about the impact that CVP was having on the legal profession and I have been asked to provide a follow up article now at the end of 2024. Since my last article in 2022, the use of CVP
- [Bridging the gap?  The Barrister v The McKenzie Friend](https://barristermagazine.com/bridging-the-gap-the-barrister-v-the-mckenzie-friend/) - If you have been around the county courts over the last decade or so, either as a seasoned barrister or new junior barrister you may have come across a different breed of legal professional called The McKenzie Friend. By Cynthia McFarlane, Barrister, The Barrister Group In my writing I am often asked by lay persons
- [Mentoring and fair access to the Bar: an update](https://barristermagazine.com/mentoring-and-fair-access-to-the-bar-an-update/) - In the October 2022 edition of The Barrister, I wrote about the role mentoring could play in widening access to the profession to groups currently underrepresented at the Bar. It is hard, if not impossible, to know whether my call to arms led to any of my fellow barristers signing up to mentoring programmes. What
- [Contempt of Court – where are we heading?](https://barristermagazine.com/contempt-of-court-where-are-we-heading/) - On 9th July 2024, the Law Commission launched a consultation in relation to proposed reforms to the law on contempt of court. The consultation will run for 4 months and will therefore end on 8th November 2024. The consultation documents runs to 499 pages. This short article will aim to highlight the main proposals and
- [Advocate: The highs and highs of being pro bono counsel](https://barristermagazine.com/advocate-the-highs-and-highs-of-being-pro-bono-counsel/) - I am a barrister at New Park Court Chambers, with chambers in Newcastle and Leeds. I practice predominantly in Family Law, as well as Criminal Law. Many of you will need no introduction to the difficulties those who do not have the funds, or are not eligible for legal aid, have in navigating Court proceedings,
- [The Art of Doing Nothing](https://barristermagazine.com/the-art-of-doing-nothing/) - By Jake Rudman, Media Law Barrister and Mediator Lawyers are not paid to do nothing. That statement may appear self-evident, but it also gives rise to a conundrum: Clients do not expect us to do nothing, having spent their hard-earned money on our supposed wisdom up until that point. And when we do suggest doing
- [An analysis of why the government wants Magistrates' sentencing powers to be doubled](https://barristermagazine.com/an-analysis-of-why-the-uk-government-wants-magistrates-sentencing-powers-to-be-doubled/) - The UK government's decision to double magistrates' sentencing powers for a second time is a multifaceted approach aimed at addressing several pressing issues within the criminal justice system. This analysis will explore the motivations, potential benefits, and criticisms of this policy change. Background In 2022, the Conservative government under Dominic Raab initially increased magistrates' sentencing
- [BSB Publishes its 2023-2024 Regulatory Decision-Making Annual Report](https://barristermagazine.com/bsb-publishes-its-2023-2024-regulatory-decision-making-annual-report/) - The Bar Standards Board (BSB) has today published its latest annual Regulatory Decision-Making Report. This is the fifth report that the BSB has published since it reformed the way regulatory decisions are taken in October 2019. It covers the period from April 2023 to March 2024. During the past year, we have been significant increases in our
- [Shortages in Special School Places](https://barristermagazine.com/shortages-in-special-school-places/) - In recent years, England has witnessed a concerning trend in the area of special educational needs and special school places. The demand for specialist provision has soared, well above the available supply of special school places or mainstream schools with suitable special educational provision. As a result, children, young people, and their families are facing
- [Developments in the public interest defence in defamation](https://barristermagazine.com/developments-in-the-public-interest-defence-in-defamation/) - The impact of the rapid development of the digital technology on data usage and its distribution has become one of the central topics of discussion in modern society. Media has evolved to become one of the main, sometimes the only, aid to remedy a perceived shortfall in other’s characters, be it true, false or speculative
- [BSB regulatory proposals muddy the waters - Bar Council](https://barristermagazine.com/bsb-regulatory-proposals-muddy-the-waters-bar-council/) - New proposals on the regulation of barristers in chambers will create uncertainty as to compliance and over who in chambers is responsible for meeting regulatory requirements, according to the Bar Council. The Bar’s regulator, the Bar Standards Board, has published its response to the consultation on the regulation of barristers in chambers. The Bar Council
- [Consultation on the regulation of barristers in chambers: The BSB’s response](https://barristermagazine.com/consultation-on-the-regulation-of-barristers-in-chambers-the-bsbs-response/) - In October 2023, the Bar Standards Board (BSB) launched a public consultation to clarify our regulatory expectations of chambers. This followed a series of consultative roundtables across all circuits in England and Wales. During the consultation period we also held an additional series of roundtables, meeting with barristers, clerks and practice managers at eight roundtables across England
- [Personal Representatives: unwitting landlords or merely beneficiaries?](https://barristermagazine.com/personal-representatives-unwitting-landlords-or-merely-beneficiaries/) - Acting as a personal representative (“PR”) will at the best of times be a demanding task. That is particularly so where the deceased owns or has interests in properties which are subject to tenancies and or occupation contracts (as residential tenancies and licences are now called in Wales). Following a recent case in which I
- [Undue influence in procuring Wills and Lifetime Transactions: Varieties and Distinctions](https://barristermagazine.com/undue-influence-in-procuring-wills-and-lifetime-transactions-varieties-and-distinctions/) - By Gavin McLeod who practices in traditional Chancery and property litigation from St. Philip’s Chambers Undue influence is a concept much recalled from law school, usually in the context of spouses standing as sureties. It is also commonly thought of when questions arise as to disputed transactions. For it is a regular contention of disappointed
- [Bar Council responds to BSB proposals on equality rules](https://barristermagazine.com/bar-council-responds-to-bsb-proposals-on-equality-rules/) - The Bar Standards Board (BSB) has launched a consultation on the regulation of equality, diversity and inclusion (EDI) at the Bar, including proposals to: amend Core Duty 8 from the duty not to discriminate unlawfully to a duty to advance equality, diversity and inclusion move to outcomes-based regulation of equality rules The Bar Council will be submitting
- [Bar Standards Board consults on revised proposals to promote equality, diversity and inclusion at the Bar   ](https://barristermagazine.com/bar-standards-board-consults-on-revised-proposals-to-promote-equality-diversity-and-inclusion-at-the-bar/) - The Bar Standards Board (BSB) has today launched a public consultation on new rules to promote equality, diversity and inclusion at the Bar. Despite improvements in diversity in recent years, there remain significant challenges for the Bar in promoting access to the profession, in retaining qualified practitioners and in addressing bullying, discrimination and harassment. The regulator is
- [Elevating Legal Excellence: The Vital Role of CPD for Barristers in 2024](https://barristermagazine.com/elevating-legal-excellence-the-vital-role-of-cpd-for-barristers-in-2024/) - By David Wright, Barrister CPD Coach Introduction: In the dynamic landscape of legal practice, the role of Continuing Professional Development (CPD) for barristers remains paramount. CPD ensures that barristers stay abreast of the latest legal developments, maintain competence, and enhance their professional skills. As we navigate through 2024, it's imperative for barristers to not
- [Match Official Abuse – The Crack Down](https://barristermagazine.com/match-official-abuse-the-crack-down/) - By Christina Courquin, Barrister, Mountford Chambers Abuse of Match Officials has been a rising problem for a number of years. Two high-profile rugby officials, Wayne Barnes and Tom Foley, stepped away from the sport following abuse on social media. Mr Barnes announced his retirement following his appearance at the World Cup final last year. He
- [What external counsel can learn from in-house teams](https://barristermagazine.com/what-external-counsel-can-learn-from-in-house-teams/) - By Rich Hanstock // external lawyers often win clients by projecting total self-assuredness. it takes humility and self-awareness to separate confidence from hubris. One of the most rewarding aspects of my legal career has been the time I spent in-house, providing legal and practical advice in support of global operations that advanced a variety of high
- [There’s nothing hard about soft skills     Or     Time to go hard on soft skills     Or     Why soft skills are the future of work](https://barristermagazine.com/theres-nothing-hard-about-soft-skills-or-time-to-go-hard-on-soft-skills-or-why-soft-skills-are-the-future-of-work/) - By Si Beales, soft skills speaker, trainer and consultant According to Stanford University, 75% of long-term job success in industry and commerce depends on soft skills and just 25% on technical skills. And LinkedIn recently reported that the majority of employers now value soft skills over hard skills. But what are they and how can
- [A plea for more pro bono work](https://barristermagazine.com/a-plea-for-more-pro-bono-work-2/) - As I write this article, I anticipate that the majority, if not all of the readers will have undertaken some form of pro bono work within the last twelve months. In fact, Advocate, the Bar’s pro bono charity proports to work with over 4,500 barristers, over a quarter of the number of barristers in England
- [Reducing Delays for Children in the Family Court](https://barristermagazine.com/reducing-delays-for-children-in-the-family-court-2/) - On 1st August 2023 the Legal Affairs correspondent for ‘The Guardian’ reported in an article that ‘Tens of thousands of children in England and Wales have been left in limbo by delays in the Family Court that have meant many waiting over a year for their future to be resolved’. From figures published by CAFCASS the
- [Pupil Barrister living with muscular dystrophy supports charity’s new employability helpline  ](https://barristermagazine.com/pupil-barrister-living-with-muscular-dystrophy-supports-charitys-new-employability-helpline/) - Konstantina Nouka, 24, from Oxfordshire, a law graduate and aspiring barrister, supports Muscular Dystrophy UK’s new employability helpline supporting people living with a muscle wasting and weakening condition in the workplace. Konstantina, who was diagnosed with Ullrich muscular dystrophy in 2002, is undertaking her pupillage at Nexus Chambers. She’s had to face discrimination on her journey to the Bar and is keen to make
- [Pupil Barrister Launches Online Education Platform for Aspiring Barristers – Legist Lab](https://barristermagazine.com/pupil-barrister-launches-online-education-platform-for-aspiring-barristers-legist-lab/) - After securing pupillage I looked back and realised how cloaked in mystery the road to the Bar of England and Wales was. To help provide insights I decided to set up my YouTube channel in 2021 and started creating content to help aspiring barristers. Since launching the channel more than 5000 aspiring barristers have reached
- [Unveiling the Risks of Cyber Attacks in Barristers’ Chambers](https://barristermagazine.com/unveiling-the-risks-of-cyber-attacks-in-barristers-chambers/) - Cybercrime is becoming more profitable than ever before meaning that sensitive organisations, such as barristers’ chambers, are at risk. To keep your organisation safe from cyber-attacks, it is of utmost importance to be aware of the risks and take the necessary steps to mitigate them. Mark Wilshaw, Cyber Security Services Manager at SYTECH, the digital forensics
- [BSB statement for Bar training students and Transferring Qualified Lawyers sitting exams in Bangladesh](https://barristermagazine.com/bsb-statement-for-bar-training-students-and-transferring-qualified-lawyers-sitting-exams-in-bangladesh/) - Some students choose to sit their vocational Bar training exams in their home country. Generally, these are students who are resitting their exams and have therefore left the UK at the end of their course. We ceased to permit the use of online delivery platforms by Bar training providers in May 2023, so these assessments
- [Young People, Past Failures, Change, and New Hope](https://barristermagazine.com/young-people-past-failures-change-and-new-hope/) - By Bruce Houlder CB KC Starting a new charity is not for the faint-hearted. For me it has been a life changing experience. Fighting Knife Crime London (FKCL )launched on 1st June 2021, to much press fanfare, and in part due to help from Joshua and Danny Shaw who I had got to know during
- [The BSB publishes its 2024 statistics report on Bar course enrolment, results, and student progression by course provider](https://barristermagazine.com/the-bsb-publishes-its-2024-statistics-report-on-bar-course-enrolment-results-and-student-progression-by-course-provider/) - This annual report covers the period from July 2023 to June 2024 and contains statistics on enrolment, results and trends in vocational training to become a barrister, and student progression onto pupillage in England and Wales. The report shows the differences in the costs of different Bar courses and in the pass rates for students at different
- [Medical failings were found to be a factor during an inquest. What are the next steps?](https://barristermagazine.com/medical-failings-were-found-to-be-a-factor-during-an-inquest-what-are-the-next-steps/) - Article by Bryony Doyle,, solicitor specialising in medical negligence at JMW Solicitors If medical failings are found to be a factor during an inquest, it can be an overwhelming and emotional experience for the affected family and individuals. An inquest is a judicial inquiry to determine the cause of a person’s death, often held in
- [Success for Giles Maynard-Connor KC and Amie Boothman in multi-million pound shareholder dispute](https://barristermagazine.com/success-for-giles-maynard-connor-kc-and-amie-boothman-in-multi-million-pound-shareholder-dispute/) - Following a three-week trial in the High Court, Giles Maynard-Connor KC leading Amie Boothman from the Business & Property Department of Exchange Chambers have been successful in a multi-million pound shareholder dispute concerning the interests of their claimant clients in a company which operates a golf club based in Kent - Magee & Ors v Crocker
- [The Major Political Parties and Their Pledges for the Family Justice System in 2024](https://barristermagazine.com/the-major-political-parties-and-their-pledges-for-the-family-justice-system-in-2024/) - Author: Baldip Singh, Barrister No5 Barristers’ Chambers My trial settled and I found myself with a little spare time today. As a workaholic, I did not quite know what to do with this unexpected break. Given the rainy weather outside, I opted to stay indoors, seeking refuge in my chambers’ library. With the UK
- [The State of State Immunity](https://barristermagazine.com/the-state-of-state-immunity/) - November, 1879. A 70-year-old veteran politician, who many thought finished, looked from a platform upon a crowd of agricultural workers and coal miners in Scotland’s central belt. William Ewart Gladstone declared, “you may sympathize with one nation more than another, but all are equal and you have no right to set up a system
- [BSB publishes its Coroners' Courts Evaluation Report](https://barristermagazine.com/bsb-publishes-its-coroners-courts-evaluation-report/) - In September 2021, in response to concerns raised about standards of practice in the Coroners’ Courts, the Bar Standards Board (BSB), the Solicitors Regulation Authority (SRA) and CILEx Regulation Ltd (CRL), with assistance from the Deputy Chief Coroner and a working group, published a set of Competences for practitioners (barristers, solicitors and CILEx practitioners) which outlined the
- [The Art of the Possible in Family Justice](https://barristermagazine.com/the-art-of-the-possible-in-family-justice/) - By Baldip Singh, Barrister & Arbitrator, No5 Chambers In a current case, where I am being led by Sharan Bhachu of 42BR, Mrs Justice Lieven said that "family justice is the art of the possible." This succinct yet profound observation encapsulates, in my eyes, the delicate balancing act inherent in the family justice system,
- [Reducing Delays for Children in the Family Court](https://barristermagazine.com/reducing-delays-for-children-in-the-family-court/) - On 1st August 2023 the Legal Affairs correspondent for ‘The Guardian’ reported in an article that ‘Tens of thousands of children in England and Wales have been left in limbo by delays in the Family Court that have meant many waiting over a year for their future to be resolved’. From figures published by CAFCASS the
- [Over 3,500 solicitors and barristers across England & Wales celebrated in inaugural Pro Bono Recognition List endorsed by Lady Chief Justice](https://barristermagazine.com/over-3500-solicitors-and-barristers-across-england-wales-celebrated-in-inaugural-pro-bono-recognition-list-endorsed-by-lady-chief-justice/) - 17th June 2024, LONDON – The Attorney General’s Pro Bono Committee is proud to announce the publication of the inaugural Pro Bono Recognition List of England & Wales, with over 3,500 lawyers across England and Wales recognised for their dedication to providing pro bono services. The Pro Bono Recognition List recognises barristers and solicitors who have given 25 or
- [Private Prosecutions in the Public Eye ](https://barristermagazine.com/private-prosecutions-in-the-public-eye/) - Since the dramatised Post Office “scandal” aired on ITV and humanised the negatives of these particular private prosecutions, the practice has been thrust into the public eye, provoking national debate. Although it is an important right for all individuals to be able to bring private prosecutions, this should not be unfettered and there is understandable and growing public concern
- [How the Bar Standards Board could Accelerate Innovation at the Bar](https://barristermagazine.com/how-the-bar-standards-board-could-accelerate-innovation-at-the-bar/) - Back in September 2020, we forecast the increased emergence of genuine ‘Bar firms’ which emulate firms of solicitors but are owned and managed by barristers and non-authorised persons. Such Bar firms, we predicted, would seize upon the regulatory regime introduced by the Bar Standards Board (BSB), after it became a licensing authority in 2016, to
- [The legal crisis management revolution: Some thoughts from the sanctions revolution ](https://barristermagazine.com/the-legal-crisis-management-revolution-some-thoughts-from-the-sanctions-revolution/) - By Prof. Dr. Viktor Winkler, LL.M. (Harvard), Attorney at German and EU law and professor of law, Frankfurt/Germany I advise clients in the most sudden and the most dramatic legal crisis clients can find themselves in. No. I am not a defense attorney. Criminal penalties emerge after an organic and long-winded process for which the
- [A plea for more pro bono work](https://barristermagazine.com/a-plea-for-more-pro-bono-work/) - As I write this article, I anticipate that the majority, if not all of the readers will have undertaken some form of pro bono work within the last twelve months. In fact, Advocate, the Bar’s pro bono charity proports to work with over 4,500 barristers, over a quarter of the number of barristers in England
- [The BSB joins the UK Regulators Network](https://barristermagazine.com/the-bsb-joins-the-uk-regulators-network/) - The BSB is pleased to announce that we have joined the UK Regulators Network (UKRN). Established in 2014, the UKRN works to promote effective co-operation, collaboration and learning between regulators on important issues. The UKRN encourages greater efficiency and improved outcomes for consumers, businesses, and the economy, exploring cross-cutting issues and building better ways of
- [BSB launches its Anti-Racist Strategy 2024-2027](https://barristermagazine.com/bsb-launches-its-anti-racist-strategy-2024-2027/) - Following on from the publication of its Anti-Racist Statement in 2020, the BSB has now launched its Anti-Racist Strategy covering the period 2024-2027. This new Strategy sets our internal commitment to anti-racism in how the BSB operates with its people, outlining how we intend to lead by example by setting and meeting high standards in our own approach. In
- [The State of English Justice](https://barristermagazine.com/the-state-of-english-justice/) - “Oh dear, how sad, never mind.” This is the almost sotto voce retort from anyone in power with responsibility for every aspect of the Criminal Justice System for the last 15 years. They don’t care and they aren’t interested. It’s not a justice system anymore because there is no justice. The police aren’t coming. If
- [BSB implements amendments to widen its powers to protect the public](https://barristermagazine.com/bsb-implements-amendments-to-widen-its-powers-to-protect-the-public/) - In June 2023, the BSB issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals to protect the public by restricting or suspending a barrister’s ability to practise on an interim basis. In December 2023, we published a summary of responses to the consultation, and the BSB’s
- [A Fine Example of a Broken System](https://barristermagazine.com/a-fine-example-of-a-broken-system/) - Though it’s approaching four years since the world as we then knew, was plunged into chaos, think back to March 2020 and just how quickly everything changed almost overnight. There was an outbreak of a worldwide virus and the postulation at that time was that nobody was safe. It sounds like the film set of
- [Law and The Truth](https://barristermagazine.com/law-and-the-truth/) - I was recently very honoured to speak at the launch of The City University 2024 Law Review. The Editorial team of the City Law student's own academic publication run by Alexander Cleveland Ng and others demonstrated how The City Law Review was created as another font of independent critical thinkers adding to the wealth of
- [The proposed Property (Digital Assets etc) Act 2024 is unnecessary](https://barristermagazine.com/the-proposed-property-digital-assets-etc-act-2024-is-unnecessary/) - By Dr Stephen Castell CITP MEWI and Jonathan Bolls, Attorney at Law Abstract The Law Commission’s proposed Property (Digital Assets etc) Act 2024, seeking to create a new categorisation of cryptocurrencies as property, is unnecessary. ‘Crypto’ is an algorithmic data object, an unremarkable example of, and exactly like, any such assemblage of digitally created
- [Are legal qualifications really worth the time and money?](https://barristermagazine.com/are-legal-qualifications-really-worth-the-time-and-money/) - By Malcolm Trotter, global education and training professional If you are going to invest in yourself and your legal future career prospects by studying to gain a recognised qualification, this will come at a cost both financially and in the commitment of your time and effort. When making an investment (or any expenditure), you really
- [The road to cognition:   Using generative AI in legal practice](https://barristermagazine.com/the-road-to-cognition-using-generative-ai-in-legal-practice/) - By Mike Taylor, Managing Director, i-Lit Limited Introduction Professor Karim Lakhani of Harvard Business School helpfully contextualises AI technology when he states, “Just as the internet has drastically lowered the cost of information transmission, AI will lower the cost of cognition.” On 30th January 2024 the Information and Technology Panel of the Bar Council released
- [ Edward Henry KC of Mountford Chambers - Available to provide expert legal commentary on topics and issues of the day.](https://barristermagazine.com/edward-henry-kc-of-mountford-chambers-available-to-provide-expert-legal-commentary-on-topics-and-issues-of-the-day/) - Edward Henry KC of Mountford Chambers is a highly experienced legal commentator for TV, radio, online articles, and newspapers who is representing 5 former sub postmasters/mistresses at the Post Office Horizon Inquiry. He is available to speak with journalists, editors, and TV researchers on all topics relating to criminal law and matters which have social
- [Louis Browne KC appears in criminal injuries compensation case examining life expectancy](https://barristermagazine.com/louis-browne-kc-appears-in-criminal-injuries-compensation-case-examining-life-expectancy/) - Louis Browne KC from Exchange Chambers appeared before the First Tier Tribunal - Criminal Injuries Compensation, representing the Criminal Injuries Compensation Authority and also acted as amicus curiae (“friend of the court”). The case concerned an application made under paragraph 13 of the Criminal Injuries Compensation Scheme 1990 to reconsider a case involving a young woman
- [The international law elephant in the  unilateral sanctions room.](https://barristermagazine.com/the-international-law-elephant-in-the-unilateral-sanctions-room/) - By Anna Rubbi, Guernica 37 Chambers How do UK sanctions against Russia measure up against international law, and the principles of state sovereignty and non-intervention in? Has the UK sufficiently justified the imposition of unilateral sanctions by reference to international law? Russia’s invasion of Ukraine is undeniably an egregious breach of international law
- [Bar Council media briefing: MoJ statistics](https://barristermagazine.com/bar-council-media-briefing-moj-statistics/) - Bar Council media briefing Thursday 28 March 2024 Ministry of Justice statistics The latest quarterly Ministry of Justice official statistics on were published today (Thursday 28 March 2024). Commenting on the data, Sam Townend KC, Chair of the Bar Council, said: “It is disappointing that there is still no progress made on reducing the backlog
- [EAPs struggling to meet mental health needs of employees - a response to the BBC report](https://barristermagazine.com/eaps-struggling-to-meet-mental-health-needs-of-employees-a-response-to-the-bbc-report/) - The recent BBC investigation into Employee Assistance Providers (EAPs)[i], has forced organisations within the legal industry to evaluate how they are supporting employee mental health and to consider alternative approaches that allow their employees to access much needed and effective professional support. Employee mental health has garnered increasing attention in recent years, especially since the
- [4PB welcomes Rachael Kelsey](https://barristermagazine.com/4pb-welcomes-rachael-kelsey/) - 4PB is proud to announce that Rachael Kelsey, the current President of the International Academy of Family Lawyers (IAFL) and internationally renowned Scottish family lawyer, has accepted an invitation to become an associate tenant of 4PB from immediate effect. Many of Rachael's cases have international or intra-UK jurisdictional issues, an area of specialism for which she is well
- [Hadley v Przybylo - Court of Appeal judgment handed down - significant win for claimants ](https://barristermagazine.com/hadley-v-przybylo-court-of-appeal-judgment-handed-down-significant-win-for-claimants/) - The much-awaited judgment in Hadley v Przybylo has been handed down today. "The point determined was one of potentially real significance to the manner in which catastrophic injury claims are handled – specifically whether a claimant’s solicitor can recover the costs of attending meetings connected with the claimant’s rehabilitation, whether with the case manager or financial deputy," explained Chris
- [Matt Hutchings KC on a year of moonlighting as a climate activist while practising as a lawyer](https://barristermagazine.com/matt-hutchings-kc-on-a-year-of-moonlighting-as-a-climate-activist-while-practising-as-a-lawyer/) - Around a year ago, I became involved with a group of lawyers who were determined to do something about the climate and ecological crises. I helped to draft a “declaration of conscience” for the group, which has been signed by some 200 lawyers, law students and legal academics. The Lawyers Are Responsible (“LAR”) declaration, which
- [Neurodiversity and Mental Health](https://barristermagazine.com/neurodiversity-and-mental-health/) - Neurodiversity and neurodivergence are increasingly central to discussions about workplace inclusion and employee support, particularly in the legal industry where autism, ADHD and other neurodivergencies are extremely common. However, amid the rush to understand neurodivergence, important details are being missed that will impact individuals, their mental health and their ability to engage in the
- [New data on wellbeing at the Bar](https://barristermagazine.com/new-data-on-wellbeing-at-the-bar/) - Today the Bar Council has published the Wellbeing at the Bar Report 2024. The data shows some improvements in wellbeing at the Bar. Dr Darren Van Laar at Portsmouth University produced the report, and it is based on data from 2023. The survey was distributed to the whole population of UK practising barristers. The key
- [Bullying and Respect at Work](https://barristermagazine.com/bullying-and-respect-at-work/) - Genuine equality requires that all people be protected from harassment at work whatever their personal characteristics. Currently the law offers better protection to some individuals than others in circumstances that may lead to apparently unjust outcomes. This article identifies the difficulties for some victims in obtaining redress and proposes a convenient solution. By Simon Anderson,
- [Why should the Bar care about remote working?](https://barristermagazine.com/why-should-the-bar-care-about-remote-working/) - By Serena K. Sekhon, barrister, No5 Chambers In some ways, the self-employed Bar was the original remote working profession. Well before the days of CVP hearings and Zoom meetings, many barristers were able to work on their papers, pleadings and trial prep wherever they wished (within reason). It was not uncommon for practitioners to conduct
- [A steady and sure hand after some turbulence!](https://barristermagazine.com/a-steady-and-sure-hand-after-some-turbulence/) - An interview with the Attorney General for England and Wales, Rt Hon Victoria Prentis KC MP By Phillip Taylor MBE, Richmond Green Chambers, Reviews editor, “The Barrister” Remember that old chestnut, when Sir Patrick Hastings declared “to be a law officer is to be in hell”. Well, it’s probably outdated a century later (we hope).
- [5 Things to do when Representing Vulnerable Clients](https://barristermagazine.com/5-things-to-do-when-representing-vulnerable-clients/) - By Elizabeth Adams, barrister, 3PB The majority of Family Law practitioners will be no stranger to clients with vulnerabilities or additional needs. By virtue of the fact of their vulnerabilities, clients with these difficulties are sadly more likely to end up in Family proceedings, whether it is a private matter involving domestic abuse or public
- [BSB publishes its annual report on diversity at the Bar](https://barristermagazine.com/bsb-publishes-its-annual-report-on-diversity-at-the-bar/) - The Bar Standards Board (BSB) has today published a summary of the latest available diversity data for the Bar. The report covers 2023, a year which has seen the continuation of several longer term trends. These include an increase in the proportion of practising barristers who are women; who are from a minority ethnic background; who
- [The Advantages and Limitations when using the services of a paralegal](https://barristermagazine.com/the-advantages-and-limitations-when-using-the-services-of-a-paralegal/) - By Amanda Hamilton, Patron, National Association of Licensed Paralegals (NALP) Many people and/or businesses faced with an issue that involves an element of legality turn immediately to a solicitor. However, during a period where money is tight all round, saving on hourly costs ranging from £200 to £600 is attractive, especially if the legal
- [Will Waldron KC appointed as Head of Exchange Chambers](https://barristermagazine.com/will-waldron-kc-appointed-as-head-of-exchange-chambers/) - Manchester, Liverpool and Leeds-based Exchange Chambers has appointed Will Waldron KC as its new Head of Chambers. Will Waldron KC will be assisted by three deputies for his initial three-year term - Ben Myers KC, Giles Maynard-Connor KC and Chris Barnes KC. Will takes on the role from Bill Braithwaite KC. Bill has served as Head
- [What went Wrong?](https://barristermagazine.com/what-went-wrong/) - It’s an everyday story, isn’t it? Teenage showgirl meets married Tory cabinet minister, and they give themselves over to passion while a spy from a hostile nation watch from the wings. This isn’t the latest hapless calamity to befall our current Government. I’m talking about the events that led to the trial of Stephen Ward
- [From Medicine to the Law: a reasonable course of action?](https://barristermagazine.com/from-medicine-to-the-law-a-reasonable-course-of-action/) - Dr Urmila Roy, Barrister, North Square Barristers By way of background, I qualified as a doctor in 2008 and have worked in the NHS since. I completed pupillage in 2023 and although initially kept up practices in both disciplines out of necessity, I do so now out of personal interest and an opportunity to bolster
- [A joust with HMRC and the application of BTI v Sequana in the Trusts context](https://barristermagazine.com/a-joust-with-hmrc-and-the-application-of-bti-v-sequana-in-the-trusts-context/) - By Alexander Farara, barrister, 1EC As I write not less than 48 hours after the surprise revival of David Cameron, it is perhaps befitting to bring back into focus one of his signature policies – austerity. Recently, I have been increasingly instructed on matters – primarily in the context of insolvency, trusts and estates –
- [Routes and Obstacles to Obtaining British Citizenship for Children](https://barristermagazine.com/routes-and-obstacles-to-obtaining-british-citizenship-for-children/) - By Isabella Reynard, Pupil Barrister, Richmond Chambers The benefits of obtaining British citizenship can be extensive for many who have sought stability in a country they call home, having navigated the UK’s immigration system for years. The impact for children can be particularly far-reaching. It can allow a child to participate fully and more permanently
- [Modernising the business of the bar, a clerk’s perspective](https://barristermagazine.com/modernising-the-business-of-the-bar-a-clerks-perspective/) - The barrister’s profession has a long history of tradition and stability. Barristers were officially recognised as “men” learned in the law for the first time by a parliament statute of 1532 but it was not until 1590 that being called to the bar of an Inn of Court was established as the minimum necessary qualification. It was
- [BSB launches a public consultation on amending the definition of academic legal training](https://barristermagazine.com/bsb-launches-a-public-consultation-on-amending-the-definition-of-academic-legal-training/) - The BSB has launched a three-month public consultation to seek views on our proposed approach to revising the definition of academic legal training and to dealing with consequential waivers and exemptions. Training for the Bar has three components: academic, vocational and work based. We have been reviewing the current rules governing the requirements for successful
- [The Artificial Revolution](https://barristermagazine.com/the-artificial-revolution/) - I feel as if as I start this article I should apologise. What I am about to write might shock or dismay some readers. In the world of cancel culture it seems prudent to get my apology out of the way from the start. So: I apologise here and now. Upfront. The reason? I have
- [“I cannot reveal my sources”: R (LXP) v Central Criminal Court [2023] EWHC 2824 (Admin)](https://barristermagazine.com/i-cannot-reveal-my-sources-r-lxp-v-central-criminal-court-2023-ewhc-2824-admin/) - By Anthony James, criminal and regulatory barrister at Mountford Chambers. On 10 November 2023, the High Court handed down a decision regarding the legality of the seizure of alleged journalistic material by the Metropolitan Police (“MPS”). The judgment looks at whether stolen material can be considered journalistic material and also the balance between the public
- [“A timely reminder: Risk Identification and Mitigation”](https://barristermagazine.com/a-timely-reminder-risk-identification-and-mitigation/) - I often, as many of us do, find myself talking to a parent in conference. So often I hear myself saying to clients that the business of the Family Justice system is risk. The management of risk is, fundamentally, the commodity we deal in. But what does that mean? In that moment in the
- [BSB proposes amendments to widen its powers to protect the public](https://barristermagazine.com/bbsb-proposes-amendments-to-widen-its-powers-to-protect-the-public/) - In June 2023, the BSB issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals to protect the public by restricting or suspending a barrister’s ability to practise on an interim basis. Today, the BSB has published a summary of responses to the consultation, and the BSB’s
- [All bark no bite: will a new offence reduce companion animal abduction?](https://barristermagazine.com/all-bark-no-bite-will-a-new-offence-reduce-companion-animal-abduction/) - By Samuel March, Barrister at 9 King’s Bench Walk “I read a learned article by some lawyer saying we should not bother about pet theft. Well I say to Cruella de Vil QC – if you can steal a dog or a cat then there is frankly no limit to your depravity.” – Boris Johnson
- [Bar Council commits to address inappropriate behaviour at the Bar](https://barristermagazine.com/bar-council-commits-to-address-inappropriate-behaviour-at-the-bar/) - The Bar Council has published new research findings showing increasing numbers of barristers have had their professional lives made more difficult because of inappropriate and unacceptable behaviour at the Bar. The behaviours reported are observed across the profession and involve judges, barristers, chambers’ staff, solicitors, as well as court staff. Inappropriate behaviour at the Bar
- [Ensuring you have a successful para legal business](https://barristermagazine.com/ensuring-you-have-a-successful-para-legal-business/) - By Amanda Hamilton, Patron. National Association of Licensed Paralegals Coming to Netflix this Christmas, New York Paralegals – an exciting new legal dramedy showcasing the Big Apple’s most diverse yet uniformly attractive paralegal firm. It will never happen. In the USA a paralegal is not authorised to practise law and can only assist attorneys in
- [ ‘Raising the bar for others’- my journey to the bar’.](https://barristermagazine.com/raising-the-bar-for-others-my-journey-to-the-bar/) - Single parent working class family- a phrase not commonly associated with a career at the bar, but times are swiftly changing. I began my journey to the bar attending a state funded school, with a single parent mother who worked tirelessly to put food on the table. I watched my mother, and my grandparents strive
- [A positive professional identity: Maximising your legal career & well-being](https://barristermagazine.com/a-positive-professional-identity-maximising-your-legal-career-well-being/) - By Rachel Spearing, Barrister at Serjeants’ Inn Chambers and Visiting Fellow of Bond University in Australia Globally the legal profession has become increasingly aware that significant numbers of lawyers are experiencing concerningly high levels of psychological distress. This is a serious issue relevant to the future sustainability of the profession. A profession in distress is
- [Remote justice: Some thoughts on the future of hearings in courts and tribunals in an increasingly virtual world](https://barristermagazine.com/remote-justice-some-thoughts-on-the-future-of-hearings-in-courts-and-tribunals-in-an-increasingly-virtual-world/) - Before the COVID-19 pandemic, it was perhaps not widely contemplated that courts and tribunals would soon have the capability and capacity to conduct the majority of their hearings on a virtual platform as a matter of course. However, due to the necessity of the hastened roll-out of the Cloud Video Platform (CVP), remote or hybrid
- [A Double-Edged Sword: The Transactional Nature of Plea Bargains](https://barristermagazine.com/a-double-edged-sword-the-transactional-nature-of-plea-bargains/) - By Callum Stevens, Law student at Christ's College, Cambridge, Aspiring Criminal Barrister “How do you plead?” “Guilty”. And breathe. The defendant has pled guilty. Such a declaration is final. There’s no going back. The defendant will be credited with a 33% reduction in sentence. The CPS no longer need to put their case to
- [Chambers encouraged to analyse earnings data to understand disparities and ensure equal access to work](https://barristermagazine.com/chambers-encouraged-to-analyse-earnings-data-to-understand-disparities-and-ensure-equal-access-to-work/) - The Bar Council has launched new data analysis and resources to encourage chambers to identify any earnings disparities within their own sets and understand what is causing the differences. The Bar Council data analysis at a whole Bar level is based on earnings declared during the authorisation to practise (AtP) process and reveals concerning patterns
- [The Bar Standards Board publishes its 2022/23 Annual Report into Anti-Money Laundering and Counter Terrorist Financing   ](https://barristermagazine.com/the-bar-standards-board-publishes-its-2022-23-annual-report-into-anti-money-laundering-and-counter-terrorist-financing/) - The Bar Standards Board (BSB) has today published its annual report for the 2022/23 fiscal year, setting out the actions that we have taken to counter money laundering, terrorist financing and economic crime in the period. Although very few barristers are involved in transactions that engage the Money Laundering Regulations (MLRs), the BSB is determined to ensure
- [BSB announces minimum pupillage award from 1 January 2024](https://barristermagazine.com/bsb-announces-minimum-pupillage-award-from-1-january-2024/) - The Bar Standards Board (BSB) has today announced that the rate for the minimum pupillage award that will apply from 1 January 2024 will be £23,078 for 12-month pupillages in London and £21,060 per annum for pupillages outside London. The award is set having regard to the Living Wage Foundation’s hourly rate recommendation, which was announced on 24 October.
- [The Secret of Good Advocacy: Show Don’t Tell](https://barristermagazine.com/the-secret-of-good-advocacy-show-dont-tell/) - By Alexander Chandler KC Barristers who sit part-time as judges gain several advantages: an insight into the workings of the court system, an understanding of the pressures of time when judges are over-listed, and, above all, a box seat in terms of seeing what works and what doesn’t work as advocacy. I have sat
- [The Bar Standards Board issues a consultation on the regulation of barristers in chambers](https://barristermagazine.com/the-bar-standards-board-issues-a-consultation-on-the-regulation-of-barristers-in-chambers/) - The BSB has today issued a consultation document seeking views on our regulatory expectations of chambers. This document reflects a series of roundtables with members of chambers and with representatives of the Bar Council, the Legal Practice Management Association and the Institute of Barristers’ Clerks in late 2022 and the first half of 2023. We plan to repeat these
- [Exchange Chambers sees significant growth to the Family Team in Manchester](https://barristermagazine.com/exchange-chambers-sees-significant-growth-to-the-family-team-in-manchester/) - Exchange Chambers is delighted to announce the arrival of three new specialist family practitioners as part of its expansion of the family team in Manchester. With over 22 years of experience as a specialist family practitioner, Clare Porter-Phillips is widely recognised and respected as one of the most established and reputable practitioners on Circuit. She
- [Kids, Court and Caffeine…How to survive having a baby at the Bar](https://barristermagazine.com/kids-court-and-caffeinehow-to-survive-having-a-baby-at-the-bar/) - By Sunyana Sharma, Barrister, 3 Paper Buildings As I start to write this article, my daughter sits behind me in her high chair throwing her crayons on the floor. This is the only way I can stop her thumping on my laptop or demanding that she sit in my lap whilst I try and write
- [Computer Evidence: presume nothing, trust no software or data, engage an expert.  Costly?  Just look at the cost if you don’t.](https://barristermagazine.com/computer-evidence-presume-nothing-trust-no-software-or-data-engage-an-expert-costly-just-look-at-the-cost-if-you-dont/) - By Dr Stephen Castell CITP CPhys FIMA MEWI MIoD Challenging the reliability of AI and other complex multi-connected intelligent computer systems will become of fundamental importance as businesses and society move rapidly towards a software-dominated, algorithm-governed future. Increasingly ubiquitous ‘algo dependency’ is likely to result in a wide variety of disputes, some of which
- [“A Whole Life Order on Each and Every Offence”: The Unprecedented Implication of Lucy Letby’s Whole Life Orders](https://barristermagazine.com/a-whole-life-order-on-each-and-every-offence-the-unprecedented-implication-of-lucy-letbys-whole-life-orders/) - By Fee Robinson, London School of Economics Introduction On the 21st of August 2023 Lucy Letby was sentenced for the murders of seven babies, and the attempted murder of seven more, committed over a period of 13 months whilst she was employed as a neonatal nurse at the Countess of Chester Hospital.[1] To anyone familiar
- [To no one will we sell, to no one will we deny, or delay right or justice’](https://barristermagazine.com/to-no-one-will-we-sell-to-no-one-will-we-deny-or-delay-right-or-justice/) - ‘By Phillip and Elizabeth Taylor, Richmond Green Chambers, reviews editors of the barrister magazine The Terror of Tyrants through the Ages, Magna Carta is Reassessed 800 years on by Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers Worried about threats to your liberties, or those of others? Invoke Magna Carta. Many people
- [Ethics and access: striking the right balance](https://barristermagazine.com/ethics-and-access-striking-the-right-balance/) - What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client? By BSB Director General Mark Neale These questions – or questions very like them – are currently much debated. So how would I personally answer them? A
- [BSB Publishes the Independent Decision-making Body Annual Report 2022/23](https://barristermagazine.com/bsb-publishes-the-independent-decision-making-body-annual-report-2022-23/) - The Bar Standards Board (BSB) has today published the latest Independent Decision-making Body Annual Report for the year ending 31 March 2023. This is the fourth Annual Report of the Independent Decision-making Body (IDB). The IDB is responsible for making decisions on behalf of the BSB where independent input is required. The remit of the IDB includes enforcement
- [ESG Leases: Brave new world or false dawn?](https://barristermagazine.com/esg-leases-brave-new-world-or-false-dawn/) - Introduction The UK Government has set a target for decarbonising all sectors of the UK economy to reach Net Zero by 2050. That includes real estate. The ambition to “green” the landlord and tenant relationship can be traced back to the early 2000s, when discussions about “green leases” began in earnest, attracting comment in various
- [Barristers support Black History Month with historic play](https://barristermagazine.com/barristers-support-black-history-month-with-historic-play/) - Barristers on the Northern Circuit are marking Black History Month by supporting a historic play at St George’s Hall in Liverpool. Just An Ordinary Lawyer is a full-length play by actor, singer and playwright Tayo Aluko. The play, which has been performed in five countries, focuses on the life and times of Tunji Sowande, who arrived
- [Building a system to protect students from sexual harm](https://barristermagazine.com/building-a-system-to-protect-students-from-sexual-harm/) - By Ian Brownhill, Barrister, Essex Chambers Experience If you haven’t read the survivor testimonies on, “everyone’s invited”, then I would encourage you to do so. The website (everyonesinvited.uk) gives an opportunity for people to outline their experiences of sexual misconduct in education settings. The experiences range from verbal or online harassment to what are clearly
- [We are All Trudi Warner! Promoting the Rights of Jurors in the Twenty First Century](https://barristermagazine.com/we-are-all-trudi-warner-promoting-the-rights-of-jurors-in-the-twenty-first-century/) - By Richard Vogler, Professor of Comparative Criminal Law and Criminal Justice, University of Sussex George Orwell noticed the tendency of repressive law to degenerate into farce, when truth becomes a lie and common sense is heresy.[1] This is worth remembering today, when the Solicitor General, Michael Tomlinson KC, has concluded that it is a prosecutable
- [Louis Browne KC acts for Wrexham Borough Council under Social Services and Well-being (Wales) Act 2014](https://barristermagazine.com/louis-browne-kc-acts-for-wrexham-borough-council-under-social-services-and-well-being-wales-act-2014/) - In an important local government case, Louis Browne KC from Exchange Chambers has acted for Wrexham Borough Council to recover non-payment of care home fees under the Social Services and Well-being (Wales) Act 2014. The Defendant in the case held lasting power of attorney (LPA) over property and finances for her father. As LPA, the
- [Quincecare[1] duty does not require banks to second-guess customers' clear instructions:  Fiona Philipp v Barclays Bank UK PLC [2023] UKSC 25](https://barristermagazine.com/quincecare1-duty-does-not-require-banks-to-second-guess-customers-clear-instructions-fiona-philipp-v-barclays-bank-uk-plc-2023-uksc-25/) - Introduction In July 2023, the Supreme Court in Philipp v Barclays Bank UK PLC unanimously held that when a customer clearly authorises and instructs a bank to make a payment, the bank must carry out the instruction promptly, as it is not for the bank to concern itself with the wisdom or risks of
- [Barrister Link Shortlisted for 'Excellence in Innovation' at East Midlands Chamber Business Awards](https://barristermagazine.com/barrister-link-shortlisted-for-excellence-in-innovation-at-east-midlands-chamber-business-awards/) - Barrister Link is delighted to announce its shortlisting for the prestigious 'Excellence in Innovation' award at the East Midlands Chamber Business Awards. This recognition comes as the company prepares for the first phase launch of its ground-breaking platform, set to revolutionise the legal sector. Barrister Link introduces bespoke technology designed with smarter agile methods in
- [AI the EU and US – Part 2-The Deep Fake](https://barristermagazine.com/ai-the-eu-and-us-part-2-the-deep-fake/) - By Professor Mark Engelman, Barrister, 4-5 Gray's Inn Square One of the world’s all-time impostors was Arthur Orton, aka Thomas Castro. He was a butcher from Wagga Wagga, Australia and having seen the Dowager Lady Tichborne’s newspaper article requesting news of her son who had left Great Britain in 1823 assail The Bella, which had floundered
- [The role of AI in the legal profession](https://barristermagazine.com/the-role-of-ai-in-the-legal-profession-2/) - Before we seek legal advice from an AI-fuelled robot lawyer, we need to ensure there are moral, ethical and bias guidelines in place, says Laurence Weir, Plextek’s Head of Business Development, Biomedical Engineering Law is a highly intricate and complex area that requires detailed training and expertise to navigate. Lawyers spend years learning how to
- [“You’ll never make it as a Barrister…”](https://barristermagazine.com/youll-never-make-it-as-a-barrister/) - By Kevin Athow, Employed Barrister, and General Counsel at BSH Home Appliances Ltd I wonder how many people have heard that phrase and have been permanently dissuaded from pursuing such a rewarding career? On the other hand, how many have looked upon that statement as a “call to arms” and refused to believe it and
- [The reversal of the presumption of innocence in compensation claims for those wrongly convicted:  the case of MALKINSON casts a spotlight   ](https://barristermagazine.com/the-reversal-of-the-presumption-of-innocence-in-compensation-claims-for-those-wrongly-convicted-the-case-of-malkinson-casts-a-spotlight/) - As Counsel for Mr Malkinson said at the Court of Appeal, this is not just a historic case but a historic injustice By Leila Taleb​, Barrister, Park Square Barristers ‘I came to the police in 2003 and told them I was innocent. They didn’t believe me.’ ‘I came to the Crown Court in 2004 and
- [Do Human Rights survive in time of national crisis or war? A Cautionary Tale](https://barristermagazine.com/do-human-rights-survive-in-time-of-national-crisis-or-war-a-cautionary-tale/) - By Brian Lett KC, 4 King's Bench Walk I must confess to being a fervent supporter of the European Convention on Human Rights [which was drafted in large part by British lawyers], and of the Human Rights Act 1998. However, the cynic in me questions whether, in reality, human rights are not just the luxury
- [New IBA report provides first-of-its-kind global perspective on cybersecurity risk governance](https://barristermagazine.com/new-iba-report-provides-first-of-its-kind-global-perspective-on-cybersecurity-risk-governance/) - A new report from the International Bar Association (IBA) Presidential Task Force on Cybersecurity and the IBA Legal Policy & Research Unit (LPRU) provides a first-of-its-kind global perspective on key governance practices for senior managers and boards of directors to protect their organisations against cyber-attacks. Titled Global perspectives on protecting against cyber risks: best governance practices for senior executives and boards of
- [s.48(a) MCA 2005: should a 25% likelihood of incapacity suffice to make interim orders?](https://barristermagazine.com/s-48a-mca-2005-should-a-25-likelihood-of-incapacity-suffice-to-make-interim-orders/) - Introduction In the recent case of A Local Authority v LD and RD [2023] EWHC 1258 (Fam), Mr Justice Mostyn held that 25% is the requisite degree of likelihood to satisfy a court ‘there is reason to believe that P lacks capacity’ for the purposes of an interim order pursuant to s.48(a) Mental Capacity Act
- [Non-Competes: The UK v US approach](https://barristermagazine.com/non-competes-the-uk-v-us-approach/) - By Suliat Jimoh, Paralegal at Winckworth Sherwood Following the global pandemic and Brexit, both the UK Government and U.S. Federal Trade Commission (FTC) have proposed changes and key reforms to post-termination restrictive covenants in employment contracts. The intended changes aim to empower employees with liberty and autonomy by allowing them to change jobs more freely
- [Statement from Working Families on the Employment Relations (Flexible Working) Bill Receiving Royal Assent](https://barristermagazine.com/statement-from-working-families-on-the-employment-relations-flexible-working-bill-receiving-royal-assent/) - Jane van Zyl, Chief Executive of Working Families, said: “We are delighted that the Flexible Working Bill has become law. This landmark legislation enables reforms that will give millions of employees access to flexible working from day one on the job, allow for two requests in a year instead of one, shorten the wait time
- [The role of AI in the legal profession](https://barristermagazine.com/the-role-of-ai-in-the-legal-profession/) - Before we seek legal advice from an AI-fuelled robot lawyer, we need to ensure there are moral, ethical and bias guidelines in place, says Plextek’s Head of Business Development, Biomedical Engineering Laurence Weir Law is a highly intricate and complex area that requires detailed training and expertise to navigate. Lawyers spend years learning how to
- [Will a new failure to prevent fraud offence address the UK’s most commonly committed criminal offence?](https://barristermagazine.com/will-a-new-failure-to-prevent-fraud-offence-address-the-uks-most-commonly-committed-criminal-offence/) - Fraud is now the most common criminal offence in the UK. It accounts for 41% of all crimes committed and costs us an estimated £7 billion per year (based on statistics for 2019-2020). Comparison of figures for the years ending March 2022 with March 2020 show a 25% increase in the number of fraud offences
- [The Spire Foundation beginnings](https://barristermagazine.com/the-spire-foundation-beginnings/) - In 2016, we broke away from being a fully common law set, re-naming as Spire Barristers and re-branding to become the only specialist Family and Public Law set on the North East Circuit. A number of realities prompted this move; a recognition that we had a reduced number of criminal practitioners, that family work was
- [Evidence from computers – the unreliable legal presumption that, without more, it can be relied upon](https://barristermagazine.com/evidence-from-computers-the-unreliable-legal-presumption-that-without-more-it-can-be-relied-upon/) - By Stephen Mason and Daniel Seng, editors, Electronic Evidence and Electronic Signatures (5th edition, Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2021) On 16th July I got a fish supper from the Harbour Café, in Girvan, Ayrshire. I paid by @BankofScotland debit card. My statement says
- [How do we create change in criminal justice?](https://barristermagazine.com/how-do-we-create-change-in-criminal-justice/) - Is change, indeed, even possible? Or are we reduced to eking out small victories and minor concessions, while the penal juggernaut careers on? As we approach the next General Election, the political debate risks becoming ever more toxic. Earlier this month, the Home Secretary, Suella Braverman, accused Labour-run councils of failing to act on “gangs
- [New legislation providing additional rights for carers, expecting parents and new parents](https://barristermagazine.com/new-legislation-providing-additional-rights-for-carers-expecting-parents-and-new-parents/) - By Louise Lawrence, Partner at Winckworth Sherwood On 24 May 2023, three family-friendly bills received Royal Assent: The Protection from Redundancy (Pregnancy and Family Leave) Bill; The Carer’s Leave Bill, and The Neonatal Care (Leave and Pay) Bill, which have now become Acts of Parliament. Below, we explore what the three Acts aim to achieve
- [An introduction to the illegal migration bill](https://barristermagazine.com/an-introduction-to-the-illegal-migration-bill/) - By Susana Ferrín, Pupil Barrister at No5 Barristers’ Chambers ‘Discretionary’ safe and legal routes On 7 March 2023, the British Government introduced the Illegal Migration Bill[1] in the House of Commons with the intention of delivering on the Prime Minister’s promise to stop small boats. The purpose of the Bill is “to prevent and deter
- [AI, the EU and US](https://barristermagazine.com/ai-the-eu-and-us/) - I cannot pretend I know much about AI because whenever I attempt to Youtube my way into the subject, the examples of its potential impact become increasingly difficult to contemplate, self-driving cars, radiologists, Wimbledon commentators and robot lawyers. As things turn out, seemingly not the latter, at least in unregulated form. I have not used
- [Neurodiversity: Why we need different brains at the bar.](https://barristermagazine.com/neurodiversity-why-we-need-different-brains-at-the-bar/) - By Sophie Stevens, Pupil Barrister at 9BR Chambers Beating the Stigma: Barristers are often told to put their best point first in advocacy, and you are probably shouting at the page as I begin by talking about the stigma neurodivergent people face. That is hardly my best point. It is in fact the exact opposite.
- [Family Law: Early Resolution, Out of Court Settlement and Delay in Family Proceedings](https://barristermagazine.com/family-law-early-resolution-out-of-court-settlement-and-delay-in-family-proceedings/) - There is a significant backlog of cases in the family courts, both in terms of public and private law family proceedings. While there has historically been a backlog of cases this situation was worsened by the Covid pandemic. The majority of hearings could not take place in-person and remote hearings became the norm. By Poonam
- [Medicine and the law - where criminal and civil law overlap](https://barristermagazine.com/medicine-and-the-law-where-criminal-and-civil-law-overlap/) - By Rozhin Shabbak, LLB Law Graduate Case Law Bawa-Garba v General Medical Council [2018] EWCA Civ 1879 As the law stands, doctors are not exempt from gross negligence manslaughter charges. In 2015, Dr Bawa-Garba was found guilty of gross negligence manslaughter and given a 2-year suspended sentence when she failed to diagnose and treat sepsis
- [Barristers' chambers secures private equity investment from LDC .  Technology and flexibility, an advantage for the "21st century Bar" ](https://barristermagazine.com/barristers-chambers-secures-private-equity-investment-from-ldc-technology-and-flexibility-an-advantage-for-the-21st-century-bar/) - The Barrister Group (TBG) has secured private equity backing from LDC in what is believed to be the first such investment in the Bar of England & Wales. The eight-figure minority investment in TBG, which is the umbrella group for well-known legal brands, including Clerksroom Chambers and Clerksroom Direct (direct access), will see LDC support the group's growth in the
- [Post-Brexit mutual free movement of people for UK & EU is becoming ‘critical’](https://barristermagazine.com/post-brexit-mutual-free-movement-of-people-for-uk-eu-is-becoming-critical/) - It is becoming increasingly clear that the UK and the EU must strike a post-Brexit mutual free movement of people agreement if they are both to economically thrive over the next decade and beyond, affirms one of the world’s largest independent financial advisory, asset management and fintech organisations. This is the call-to-action assessment from James
- [What it takes to progress from bottom to top…an insight into careers at the Criminal Bar](https://barristermagazine.com/what-it-takes-to-progress-from-bottom-to-topan-insight-into-careers-at-the-criminal-bar/) - Sophie Murray, St Ives Chambers talking to Rebecca Wade and Millie Webb Having joined St Ives Chambers a year ago I have been impressed with the number of women we have both joining and progressing within the criminal practise group. Looking at the Midlands as a whole, this is not something that is widely
- [Wills: Why it's important to get your affairs in order](https://barristermagazine.com/wills-why-its-important-to-get-your-affairs-in-order/) - By Alison Parry, Partner in Will Disputes at JMW Solicitors Contemplating our own mortality is rarely an enjoyable topic, but it is a vital one to address in order to protect our loved ones and ensure that our wishes are respected after we pass away. One of the most crucial elements of planning for the
- [The Fragility of Civil Legal Aid](https://barristermagazine.com/the-fragility-of-civil-legal-aid/) - “At the heart of any review of the civil legal aid scheme should be the simple principle that legal aid should always pay enough to cover costs and, if possible, allow just a little profit to invest in its future.” By Matthew Howgate FCMI, Organisation Development Consultant and Head of the LAPG Management & Leadership
- [When is Without Prejudice really Without Prejudice?](https://barristermagazine.com/when-is-without-prejudice-really-without-prejudice/) - By Suliat Jimoh, Paralegal at Winckworth Sherwood The recent cases of Scheldebouw v Evanson [2022] and Meaker v Cyxtera Tech UK Ltd [2023] have served as reminders of how the courts determine the application of without prejudice privilege - particularly in certain communications regarding the termination of employment. There are various criteria which must be met, however, often it
- [Failure to prevent fraud – a new criminal offence for big business](https://barristermagazine.com/failure-to-prevent-fraud-a-new-criminal-offence-for-big-business/) - At a time where fraud was found to have been the most common criminal offence committed in England as of September 2002[1], the UK government has officially announced intentions to introduce a new “failure to prevent” fraud offence. The proposal has been introduced in the form of an amendment to the Economic Crime and Corporate
- [Where did Part 35 go?](https://barristermagazine.com/where-did-part-35-go/) - It has always been a bug bear of mine that in The Apprentice the business plans are not examined until the end of the process, meaning that those who get through to the end may not be able to continue and those eliminated earlier might have been much better prospects. So what has this to
- [The Importance of Pursuing Mediation before Starting Legal Proceedings](https://barristermagazine.com/the-importance-of-pursuing-mediation-before-starting-legal-proceedings/) - The Principle As long ago as 2001, Lord Woolf LJ gave this guidance in R (Cowl) v Plymouth City Council [2001] EWCA Civ 1935 at [1]: “The importance of this appeal is that it illustrates that, even in disputes between public authorities and the members of the public for whom they are responsible, insufficient attention is paid to
- [The Human Rights Act 1998 and the IPT’s attempt to strike a satisfactory balance between national security and human rights through the Liberty v GCHQ case).](https://barristermagazine.com/the-human-rights-act-1998-and-the-ipts-attempt-to-strike-a-satisfactory-balance-between-national-security-and-human-rights-through-the-liberty-v-gchq-case/) - By Rabiath Juliette Berphine Emmanuel , Consultant for the Culture sector of UNESCO in Congo Brazzaville, University of Kent LLM honors graduate in International Criminal Law and Human Rights Law Table of abbreviations IPT Investigatory Powers Tribunal ECHR European Convention on Human Rights ECtHR European Court of Human Rights HRA 1998 Human Rights Act 1998
- [Diversity at the Bar - Social Mobility](https://barristermagazine.com/diversity-at-the-bar-social-mobility/) - By Jonathan McDonnell​, barrister, Park Square Barristers This short article focuses on social mobility at the Bar. Specifically, it talks about my experiences as a working-class man from a council estate in Stalybridge: a small town roughly 8 miles east of Manchester. My experiences include attending an average state school; working in a factory;
- [Raising the Bar for Working Parents](https://barristermagazine.com/raising-the-bar-for-working-parents/) - When New Zealand prime minister Jacinda Ardern resigned recently, the press was full of articles asking whether women can ‘have it all’ (this was a BBC headline which was much maligned and swiftly removed – ‘Jacinda Ardern resigns: Can women really have it all?). The story did, however, open up the conversation around whether women
- [Religious observances and festivals – what are my employers’ obligations?](https://barristermagazine.com/religious-observances-and-festivals-what-are-my-employers-obligations/) - By Aleksandra Traczyk, Associate at Winckworth Sherwood There are many different religious observances and festivals celebrated in the UK. These include (in no particular order): the Christian festivals of Easter and Christmas (normally around March or April and late December respectively) the Islamic festivals of Ramadan and Eid al-Fitr (generally around May/June) the Jewish
- [Delays to surrogacy law reform creating risk for babies](https://barristermagazine.com/delays-to-surrogacy-law-reform-creating-risk-for-babies/) - Surrogacy is on the rise. Ministry of Justice statistics highlight a peak of 444 parental orders were made in 2019 and 435 in 2021 compared to 117 in 2011. Yet, surrogacy is still governed by legal concepts that fail to grapple with the changing faces and make-ups of modern families. As Lady Hale observed “UK
- [Children in custody – Envisioning a way out.](https://barristermagazine.com/children-in-custody-envisioning-a-way-out/) - In this article, pupil barrister Kitan Ososami discusses the problems with child imprisonment and how the new London Accommodation Pathfinder, a Youth Justice Board pilot designed to support 16–17-year-old boys at risk of custody pre- and post-trial, will attempt to address these. Analysis by Her Majesty’s Prison and Probation Service (HMPPS) in October 2021 projected
- [Can sentencing for police officer offenders be improved?](https://barristermagazine.com/can-sentencing-for-police-officer-offenders-be-improved/) - By Ellie Watson Pupil Barrister at Crown Prosecution Service, Manchester Introduction Recent case law has uncovered difficulties faced by the courts when sentencing police officers. Fulford LJ’s sentencing remarks in R v Couzens [2022] EWCA Crim 1063 emphasised that ‘the police are in a unique position… they have powers of coercion and control that are
- [Assistance animals, access, and ableism](https://barristermagazine.com/assistance-animals-access-and-ableism/) - Recent media outlets reported multiple incidents of disabled people being forced to leave public premises due to having an assistance animal with them. By Christina Warner, Barrister,33 Bedford Row In November 2022, Angharad Paget-Jones was forced to leave the Premier Inn hotel in Enfield, London because staff did not believe that her golden retriever was
- [Being a Barrister: New Beginnings](https://barristermagazine.com/being-a-barrister-new-beginnings/) - By Chevan Ilangaratne - Employment and PI/Clinical Negligence Barrister at St Philips Chambers For me, and I suspect many others, the nerves and excitement I felt on day one of Pupillage were unlike anything I had felt before. Fast forward time and I am now some way into my first year of tenancy at St
- [Taking the right decisions: how the Bar Standards Board builds checks and balances into its enforcement work?](https://barristermagazine.com/taking-the-right-decisions-how-the-bar-standards-board-builds-checks-and-balances-into-its-enforcement-work/) - By Mark Neale, Director General, Bar Standards Board Part of the stock-in-trade of constitutional lawyers is the concept of checks and balances – those safeguards built into laws and constitutions to prevent undesirable concentrations of power. Probably the most famous working out of this doctrine was in the Federalist Papers - a propaganda exercise mounted
- [Have we really reformed animal welfare post-Brexit?](https://barristermagazine.com/have-we-really-reformed-animal-welfare-post-brexit/) - By Ayesha Smart, Barrister, 33 Bedford Row “High standards of animal welfare are one of the hallmarks of a civilised society” This is something that the Conservatives have argued since their manifesto in 2019, and subsequently by their Secretaries of State for the Environment, Food and Rural Affairs, but what actually has been achieved? Particularly
- [Public Sector Fraud – A Way Forward?](https://barristermagazine.com/public-sector-fraud-a-way-forward/) - The UK government can now argue that it is backing the statements it has made about tackling fraud with an injection of cash and some ambition. Over recent months and years there has been a procession of eye-opening disclosures about the scale of fraud in the UK. In many cases, these have been followed by
- [Modern Day Slavery: Where are we now?](https://barristermagazine.com/modern-day-slavery-where-are-we-now/) - Modern slavery and the section 45 defence have been in the spotlight within the last year or two, with the Court of Appeal having considered the defence but most importantly, having considered the National Referral Mechanism (NRM) and the applicability of the decisions of the Single Competent Authority (SCA) being used as evidence in criminal
- [The state of Protest](https://barristermagazine.com/the-state-of-protest/) - By Alexander McColl, Pupil Barrister at Garden Court North Chambers Protest is as fundamental to and as inextricable from the foundational principles of liberal democracy as the vote. The freedom of the people to raise their voices in dissent against the powerful, and for those voices to be heard, is how we justify otherwise limiting
- [Three things I wish I had known before joining the Commercial Bar](https://barristermagazine.com/three-things-i-wish-i-had-known-before-joining-the-commercial-bar/) - After a year of pupillage and some months into tenancy, there is still a lot that I do not know about the commercial and chancery bar. Every day is a new day of research and is a process of refining known skills. Despite this, when I take stock of where I was a year and
- [The use of experts in private children law family disputes involving allegations of parental alienation](https://barristermagazine.com/the-use-of-experts-in-private-children-law-family-disputes-involving-allegations-of-parental-alienation/) - By Frankie Shama, barrister, 4PB, London Parental alienation has been defined by the Court of Appeal in Re S (Parental Alienation: Cult) [2020] EWCA Civ 568 as “when a child’s resistance/hostility towards one parent is not justified and is the result of psychological manipulation by the other parent.” The manipulation can of the child by
- [Eight points to consider when appointing a forensic accountant as an expert witness   ](https://barristermagazine.com/eight-points-to-consider-when-appointing-a-forensic-accountant-as-an-expert-witness/) - One element of their advocacy skills barristers develop on their feet rather than in the classroom is how to deal with expert witnesses, both your own, and the other side’s. I have occupied the witness box 56 times, and authored over a thousand expert reports and, in my time, I have experienced the complete spectrum
- [Complaint handling – the Legal Ombudsman’s perspective](https://barristermagazine.com/complaint-handling-the-legal-ombudsmans-perspective/) - What is the Legal Ombudsman? For those who don’t know who we are or what we do, we are the Ombudsman, the independent and impartial complaints handling body, for all legal services in England and Wales. We are established under the Legal Services Act 2007 (the Act) – and governed by the Act and a
- [Cognitive Bias: Forensic Science   ](https://barristermagazine.com/cognitive-bias-forensic-science/) - Dr David Schudel forensic chemist at Keith Borer Consultants. According to the Oxford English dictionary, “bias” has several meanings, including: “to influence, affect (often unduly and unfairly)”. No one likes to think of themselves behaving unfairly, and no reputable expert would ever regard themselves as anything other than a neutral advisor in an otherwise partisan
- [The Public Order Bill: a lesson in legislative irony](https://barristermagazine.com/the-public-order-bill-a-lesson-in-legislative-irony/) - The right to peaceful protest is one that we, members of an elective and representative democracy, often take for granted. Its existence constitutes one fragile strand of our otherwise complex and infinitely nuanced social fibre. Its significance is reflected through its enshrinement in the European Convention on Human Rights, under Articles 10 and 11, which
- [UK Fraud Levels](https://barristermagazine.com/uk-fraud-levels/) - In what will not be viewed as the most welcome of statistics, the total value of UK fraud appears to have risen to its pre-pandemic level. KPMG reported that the total value of fraud cases (with a value of £100,000 or more) reaching the courts last year was £1.12 billion. This was a 151% increase
- [The Russian invasion of Ukraine: a year on.](https://barristermagazine.com/the-russian-invasion-of-ukraine-a-year-on/) - It has been over a year since Russia invaded Ukraine, in an attempt to annex its territories. Since then, war crimes have been committed, allegations of crimes against humanity have been made, and the invasion itself has been labelled as an illegal act of aggression by commentators. The alleged perpetrators range from foot soldiers to
- [Enhancing Video Evidence: a Scientific Path Towards the Truth](https://barristermagazine.com/enhancing-video-evidence-a-scientific-path-towards-the-truth/) - By Martino Jerian – CEO and Founder at Amped Software As the CEO and Founder of a company that develops forensic video enhancement software used by law enforcement agencies and private forensics experts all over the world, one of the most common questions I receive is the following: “How can I justify to the court
- [Reporting in Family Courts](https://barristermagazine.com/reporting-in-family-courts/) - By Stuart Barlow, Solicitor, Family Law Specialist To make sure that children, vulnerable adults and families are protected from unwanted publicity, restrictions have been put in place to limit what the media can report. A new era for transparency in family court reporting has begun with a pilot scheme that was launched on the 30th
- [The Legal Limbo of Cohabitants: Time for Reform?](https://barristermagazine.com/the-legal-limbo-of-cohabitants-time-for-reform/) - By Sophia Gonella, Pupil Barrister at Queen Elizabeth Building Introduction The promise of cohabitation reform has, once again, been thwarted by the government. On 1 November 2022, it published its response to the Women and Equalities Committee Rights of Cohabiting Partners Inquiry Report,[1] in which it rejected most of the key recommendations of the report,
- [The court’s approach to key defences in the Defamation Act 2013](https://barristermagazine.com/the-courts-approach-to-key-defences-in-the-defamation-act-2013/) - By Dr Anton van Dellen, Barrister, Fraser Chambers & Dr Samrat Sengupta, Pupil Barrister, Fraser Chambers The Defamation Act 2013 (“the Act”) marked an attempt to codify some of the pre-existing common law. However, this process has been criticised as potentially introducing further uncertainty. Some of the key areas where further complexities arose are in
- [Recent High Court guidance on Fundamental Dishonesty](https://barristermagazine.com/recent-high-court-guidance-on-fundamental-dishonesty/) - ‘Fundamental dishonesty’ (“FD”) is a prominent and controversial feature of modern personal injury litigation, though still developing and oft-misunderstood. It is ultimately a procedural tool; one of the exceptions to the QOCS regime found in CPR 44.16. Where a defendant can satisfy a judge on the balance of probabilities that the claim was FD, that
- [Making mental health a global priority in the legal profession](https://barristermagazine.com/making-mental-health-a-global-priority-in-the-legal-profession/) - By Hamizah Manshor, Pupil Barrister, Yusof Halim & Partners The tenth day of October marks the day we commemorate what is regarded as the World Mental Health Day to raise mental health awareness. In 2022, the theme was to ‘Make Mental Health and Wellbeing for All a Global Priority.’ As I write this article in
- [Keeping court bundles safe from the dark web](https://barristermagazine.com/keeping-court-bundles-safe-from-the-dark-web/) - Recently, dozens of court bundles containing sensitive personal data were leaked on the dark web after cyber criminals hacked into one of the country’s leading law firms. By Mike Wills, director of strategy and policy at cyber and data security firm CSS Assure Recently, dozens of court bundles containing sensitive personal data were leaked on
- [ Access and progression: My journey to the Bar](https://barristermagazine.com/access-and-progression-my-journey-to-the-bar/) - Francesca Gardner is a barrister at Kings Chamber which operates out of Chambers in Manchester, Leeds and Birmingham. Here she discusses race and social mobility at the Bar and how far we still have to go when it comes to access and progression. I am a mixed-race, Yorkshire woman who comes from a working-class background
- [Youth Remand and the impact of the PCSC Act 2022](https://barristermagazine.com/youth-remand-and-the-impact-of-the-pcsc-act-2022/) - By John-Paul MacNamara, Lecturer, City Law School, Barrister (Door Tenant), 33 Bedford Row Many of us in criminal practice can remember the enactment of LASPO 2012 and the change it had to the test courts applied when considering a youth bail application. The relevant provisions were contained in sections 91-102 of LASPO 2012 and the
- [As with most things, the cheapest  option is not always the best](https://barristermagazine.com/as-with-most-things-the-cheapest-option-is-not-always-the-best/) - Price is currently the main deciding factor for the instruction of an expert witness instructed in serious criminal cases By Matthew Jackson BSc (Hons) MEWI MBCS Director, Senior Forensic Consultant and Expert Witness at Athena Forensics It is not often that a purchasing decision is made on price alone. Normally a variety of factors are
- [The Power of Patterns in Forensics](https://barristermagazine.com/the-power-of-patterns-in-forensics/) - By Professor Angela Gallop CBE, Group CEO at Forensic Access Ltd Patterns can change the face of forensics but are often overlooked. Patterns can tell you if a crime is likely to be part of a series carried out by the same criminal or illuminate an aspect or sequence of events at a crime scene.
- [Looking Beyond The Picture: How To Trust Video Evidence](https://barristermagazine.com/looking-beyond-the-picture-how-to-trust-video-evidence/) - By David Spreadborough, Certified Forensic Video Analyst I last wrote here for the Easter term of The Barrister in 2018 and honestly, where has the time gone? Considering all the troubles over the last two years though, it is not surprising that it only seems like yesterday that I was explaining some of the challenges
- [The collapse of FTX – the epitome of corporate failure](https://barristermagazine.com/the-collapse-of-ftx-the-epitome-of-corporate-failure/) - The collapse of FTX exchange continues to shake global confidence in cryptocurrencies. The 30 year-old CEO of FTX, Sam Bankman-Fried has pleaded not guilty to criminal charges in New York, including wire fraud, money laundering and conspiracy to commit fraud. It’s been reported that billions were transferred out of the company, which filed for bankruptcy
- [Cause of Death: Procedure, Inquests and Implications](https://barristermagazine.com/cause-of-death-procedure-inquests-and-implications/) - Inspired by the recent death of Queen Elizabeth II and publication of her death certificate, a discussion of the procedures which follow death, an overview of the ways in which cause of death can be determined and the implications of such determinations on inquest findings (here, considering neglect) and other legal claims. By Beth Caunce,
- [Re-thinking litigation workflows for the 21st century](https://barristermagazine.com/re-thinking-litigation-workflows-for-the-21st-century/) - When I started my career as a barrister in the early 1990s, many of our working practices had been unchanged for decades, in some respects for centuries. Most instructions still arrived by courier (or DX) tied in pink ribbon. Hard copy opinions were stapled with a corner tag and signed off with a looping mark
- [Mentoring: how a handful of hours a year can help transform fair access to the Bar](https://barristermagazine.com/mentoring-how-a-handful-of-hours-a-year-can-help-transform-fair-access-to-the-bar/) - Almost everyone at the Bar of 2022 will be acutely aware of the need to improve diversity in our profession, none more so than those of us who help to manage our chambers or to recruit its pupils. As someone who sat on a pupillage committee for several years, I have first-hand experience of the
- [How the Legal Profession has Become a Complex Legal Ecosystem](https://barristermagazine.com/how-the-legal-profession-has-become-a-complex-legal-ecosystem/) - By Richard Palmer, Senior Managing Director, FTI Consulting The emergence of alternative legal and non-legal providers in recent years, alongside the increased need for technology, is reshaping the legal sector beyond traditional law practice. The legal sector has changed tremendously in the past two decades, and this transformation is now accelerating. The proliferation of technology,
- [“Disability is not a barrier to success” – supporting neurodiversity in law at the University of Hertfordshire   ](https://barristermagazine.com/disability-is-not-a-barrier-to-success-supporting-neurodiversity-in-law-at-the-university-of-hertfordshire/) - By Mark Turnbull, publishing manager, barrister magazine Many neurodivergent law students are not getting the support they need, which is impacting on their future career prospects. According to the Office for Students, disabled students, including those who are neurodivergent, are less likely to graduate with a ‘good degree’ of 2:1 or above. Yet at the
- [Breaking the bias: What a real barrister looks like](https://barristermagazine.com/breaking-the-bias-what-a-real-barrister-looks-like/) - ‘sorry love which barrister are you doing work experience with?’ ‘if you just wait there until your barrister arrives’ ‘if you’re just here to take notes, please can you sit in the public gallery’ ‘have you seen the barrister yet?’ …. are all comments that were directed at me during my first year of practice
- [Is your expert an expert?](https://barristermagazine.com/is-your-expert-and-expert/) - By Mr R Scott-Watson, Orthopaedic Surgeon, Expert Witness & Disability Analyst APIL Expert The Civil Procedure Rules came into force in 1999. Coincidentally the need for these rules to be adhered to was playing out in the Courts, with several cases where Professor Sir Roy Meadows was giving evidence in a series of murder trials. The
- [The promise of an inheritance: is it enforceable?](https://barristermagazine.com/the-promise-of-an-inheritance-is-it-enforceable/) - By Arabella Adams, Barrister at 5 Stone Buildings It is well known that, in this jurisdiction, individuals enjoy a great deal of testamentary freedom. A testator may choose to benefit his family with his will, or he may equally choose to leave everything to his dentist, or to a charity. Moreover, the usual position of
- [Getting your chambers fit for the future](https://barristermagazine.com/getting-your-chambers-fit-for-the-future/) - By Nigel Wallis, Director, O’Connors Legal Services Limited ‘Building Back Better’ has become the world’s slogan - from budget decisions to carbon emissions. The concept is, of course, far from new. It has been used in disaster recovery parlance for decades and derives from evidence that the collective shock of a major catastrophe somehow seeds
- [The Rise of the Digital Mercenaries](https://barristermagazine.com/the-rise-of-the-digital-mercenaries/) - By Ian Whitehurst, barrister at Exchange Chambers In the chaotic and sometimes lawless world of cyber, a new risk is arising as commercial or private entities realise the potential to weaponise cyber to further their own financial and geo – political interests on the national and international stage. It is not only governments that are
- [Why the legal sector needs to invest in accessibility](https://barristermagazine.com/why-the-legal-sector-needs-to-invest-in-accessibility/) - By Harry Charlton, Chief Executive at 7BR chambers The simple phrase ‘popping to the shops’ rolls off the tongue for so many of us. Yet for some, such a seemingly straight forward undertaking requires a lot more planning and consideration. Language is a huge part of inclusivity, and for a disabled person, ‘popping to the
- [Cyber Law: Language Matters](https://barristermagazine.com/cyber-law-language-matters/) - With technology advancing every day, Ceri Davis of 36 Commercial explores the importance of mastering the language of cyber law You are standing in the middle of your kitchen: how do you make a sandwich? Most answers will fail to take into account the numerous and critical processes involved in what, on the face of
- [With great respect, that is a bad legal argument: ‘respect’, courtesy or insult? ](https://barristermagazine.com/with-great-respect-that-is-a-bad-legal-argument-respect-courtesy-or-insult/) - By David Wright1, Helen Murray-Edwards2, Jeremy Robson2, Natalie Braber1 1School of Arts and Humanities, Nottingham Trent University 2Leicester De Montfort Law School “Eighteen of Mr Tangle’s learned friends, each armed with a little summary of eighteen hundred sheets, bob up like eighteen hammers in a piano-forte, make eighteen bows, and drop into their eighteen places
- [Legal Platforms: An opportunity for the Bar](https://barristermagazine.com/legal-platforms-an-opportunity-for-the-bar/) - In this article, Andrew Thornton Q.C. looks at the emergence of digital platforms offering legal services to SMEs and individuals and considers how the Bar might exploit the opportunities they bring. The Bar’s traditional types and sources of work The types and sources of work available to the Bar remain largely undisrupted by the recent
- [The International Law Framework -  Establishing Violence Against Women and Girls as a Human Rights Abuse](https://barristermagazine.com/the-international-law-framework-establishing-violence-against-women-and-girls-as-a-human-rights-abuse/) - This article provides a brief synopsis of the international legal framework addressing violence against women. It is not intended to be exhaustive but will address some of the key legal documents and instruments and consider their current force and application in English law. There are now several international legal instruments that are binding or persuasive
- [Witch trials and children’s evidence in Seventeenth-Century England](https://barristermagazine.com/witch-trials-and-childrens-evidence-in-seventeenth-century-england/) - After a sensational trial at the Lancaster assizes in 1612, the talk of the country was not the judges, advocates, witnesses, or defendants. It was the court clerk. By Dominic Selwood, barrister Master Thomas Potts was brought up in the household of Sir Thomas Knyvett, a national hero, famous for having entered the cellars of Parliament
- [Economic Crime (Transparency and Enforcement) Act 2022](https://barristermagazine.com/economic-crime-transparency-and-enforcement-act-2022/) - By Ellen Wright, Barrister, Trinity Chambers Introduction On 1st March 2022, the Government brought forward the tabling of the Economic Crime (Transparency and Enforcement) Bill in light of Russia’s invasion of Ukraine. Just two weeks later, the Bill received Royal Assent and became known as the Economic Crime (Transparency and Enforcement) Act 2022 (‘the Act’).
- [ Investment urgently needed to ensure future of criminal defence profession](https://barristermagazine.com/investment-urgently-needed-to-ensure-future-of-criminal-defence-profession/) - I have spent the last 15 years fighting on behalf of the Law Society’s members for the pay their vital work deserves, which is necessary to make the criminal defence profession sustainable and ensure access to justice for victims, witnesses and defendants. Criminal defence solicitors have gone a staggering quarter of a century without a
- [The Challenge of Emerging Technologies and Data Protection](https://barristermagazine.com/the-challenge-of-emerging-technologies-and-data-protection/) - By Melissa Stock, barrister, Normanton Chambers The past two decades have seen the development of technology at an extraordinary pace. The COVID-19 pandemic has accelerated the application of technology in the U.K. to try to tackle some of the problems that it has created. From the NHS’s tracking mobile phone application to virtual medical consultations, there
- [Is the public empowered to seek justice when needed?](https://barristermagazine.com/is-the-public-empowered-to-seek-justice-when-needed/) - Before a court case can begin, the victim must feel empowered to take steps against the perpetrator. They need to understand what has happened to them, come to terms with the reality of making a formal complaint, and be mentally and emotionally prepared for the enquiries that may follow from the police, medical professionals, solicitors
- [The role of machine translation in the legal sector](https://barristermagazine.com/the-role-of-machine-translation-in-the-legal-sector/) - By Alan White, Business Development Director at The Translation People Whether dealing with business owners with enterprises overseas, receiving evidence from non-English speakers or simply trying to manage large volumes of legal documents as efficiently as possible, reliance on translation services across the legal industry is rising. However, given that even the most inconspicuous of inaccuracies in court
- [46% of Brits Don’t Understand Legal Aid or how to get Support](https://barristermagazine.com/46-of-brits-dont-understand-legal-aid-or-how-to-get-support/) - New research by specialist lawyers Bolt Burdon Kemp, has uncovered the key issues that are preventing people in the UK from getting proper access to legal services, with findings suggesting that: Only 27%of the British population was eligible for legal aid in 2007. Further cuts since then have exacerbated that number. The regions that have had the highest legal aid expenditure across the years include London, Yorkshire and the
- [Unlawful killing following Maughan - new guidance issued by the Chief Coroner](https://barristermagazine.com/unlawful-killing-following-maughan-new-guidance-issued-by-the-chief-coroner/) - Authored by Richard Reichman, Partner at BCL Solicitors LLP Overview In the case of R (on the application of Maughan) (Appellant) v Her Majesty's Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46, the Supreme Court found, by a majority of three to two, that all conclusions in coronial inquests, including unlawful killing and suicide, whether
- [Is independent lawyering under siege?](https://barristermagazine.com/is-independent-lawyering-under-siege/) - By Leon Fernando Del Canto, barrister, Del Canto Chambers The rise of big law firms is having a significant impact, not only on the social representations of how ‘an independent lawyer’ is perceived among the general public, but within the legal profession itself. Is independent lawyering under siege? The Big law firm paradigm, the Firm,
- [Nightmare on St Aldgates (have we learnt nothing from Jackson?](https://barristermagazine.com/nightmare-on-st-aldgates-have-we-learnt-nothing-from-jackson/) - By Mr R Scott-Watson, Orthopaedic Surgeon, Expert Witness & Disability Analyst APIL Expert This is the case of a Litigant in Person (previously represented) making a personal injury claim against a large corporation that employed a ‘boutique law firm specialising exclusively in defendant occupational disease litigation’. Liability had been accepted and Counsel’s opening was that
- [Cross-Examination: In search of a New Normal](https://barristermagazine.com/cross-examination-in-search-of-a-new-normal/) - By Professor Jonathan Doak, Nottingham Law School, Nottingham Trent University and Professor John Jackson, School of Law, University of Nottingham Since the announcement of a national lockdown on the 23rd March 2020 , all sectors have had to adapt to the ‘new normal’. The criminal courts have been no exception. Following the abrupt adjournment
- [Fundamental Dishonesty - Recent decisions and practical steps for practitioners](https://barristermagazine.com/fundamental-dishonesty-recent-decisions-and-practical-steps-for-practitioners/) - Personal Injury analysis: Dominique Smith, barrister, specialising in Personal Injury at 1 Chancery Lane, discusses the latest developments in relation to fundamental dishonesty, including how the courts deal with such allegations, and what practical steps practitioners should take when dealing with, or making, such an application. Introduction For several years, the courts have been faced
- [ Judges, Lawyers and the Litigant in Person](https://barristermagazine.com/judges-lawyers-and-the-litigant-in-person/) - According to the most recent version of The Equal Treatment Bench Book, at any court hearing a judge should aim to ensure that Litigants in Person understand what is going on and what is expected of them at all stages of the proceedings – before, during and after any attendances at a hearing. This means
- [Junior barrister says more ‘Understanding’ is needed to retain females at the Bar](https://barristermagazine.com/junior-barrister-says-more-understanding-is-needed-to-retain-females-at-the-bar/) - With all the issues surrounding equality and diversity at the Bar in the media at the minute it really hit home and reminded me of the struggles I faced in my journey to this wonderful career and within. It is right to say that “representation should represent”. What I mean by that is, that if
- [Drama in the courtroom: Defending the rights of children diagnosed with autis](https://barristermagazine.com/drama-in-the-courtroom-defending-the-rights-of-children-diagnosed-with-autis/) - Mickey Keenan1 & Karola Dillenburger2 School of Psychology, Ulster University, N. Ireland Centre for Behaviour Analysis, Queen’s University Belfast, N. Ireland Abstract Children diagnosed with autism have the right to access evidence-based practices that are necessary for their education and welfare. Oftentimes, parents of these children are not satisfied with the education provided by
- [Civil Partnerships: Law Reform](https://barristermagazine.com/civil-partnerships-law-reform/) - With the success of the ‘no fault divorce’ campaign and the government commitment to equality of access to civil partnerships, there is an optimism within the family law profession that change is coming. The Supreme Court decision On 27 June 2018, the Supreme Court delivered its judgment in the case of Steinfeld and Keidan[i] declaring
- [Social Media Raising the Bar](https://barristermagazine.com/social-media-raising-the-bar/) - What will 2019 bring for barristers’ relationships with the legal press? A strange question to be asking in the pages of one of the Bar’s leading trade magazines, you might think. But the truth is, social media has completely changed the role of the media in how chambers and solicitors firms are seen by their outside
- [Slow and steady wins the race: content marketing for barristers](https://barristermagazine.com/slow-and-steady-wins-the-race-content-marketing-for-barristers/) - In Aesop’s fable The Hare and the Tortoise, the hare dashes off from the starting line but becomes complacent and takes a nap, allowing the patient, plodding tortoise to overtake him. ‘Slow and steady wins the race’ could also be adopted as the motto of good content marketing. After an initial flurry of blog posts
- [Can’t sell - won’t sell. Why ‘selling’ shouldn’t be a dirty word](https://barristermagazine.com/cant-sell-wont-sell-why-selling-shouldnt-be-a-dirty-word/) - Whilst the goal is ultimately to be the first name that comes to mind when a Solicitor or general counsel needs a Barrister, there is huge value in being the second person on their list too. Every profession has its own unique attitude and culture towards Business Development. Some professions will favour a direct approach
- [Preventing Digital Exclusion from Online Justice](https://barristermagazine.com/preventing-digital-exclusion-from-online-justice/) - The HMCTS reform agenda, with its emphasis on digitisation of court processes has been ambitious, revolutionary and unprecedented. But as more and more court processes go online, and without the assistance that might have been available before the Legal Aid, Sentencing and Punishment of Offenders Act 2012, there is a risk that access to justice
- [Addressing the challenges of financial management in chambers](https://barristermagazine.com/addressing-the-challenges-of-financial-management-in-chambers/) - No one welcomes having to pay their rent, but it’s a fact of life for a member of chambers. For many, the role of Treasurer or being the manager tasked with financial management of a set means being faced with an unpleasant challenge. There is a potential conflict of interest between a chambers and its
- [How to sharpen your presentation skills](https://barristermagazine.com/how-to-sharpen-your-presentation-skills/) - Whether you are asked to speak at one of the seminars your Chambers is running, at an industry event relevant to your practice or at a training session your clerks have organised at the offices of one of your most important instructing solicitors, if you’re going to win work from your efforts, you need to
- [FA’s inquiry into race allegations: kicking discrimination out of the field](https://barristermagazine.com/fas-inquiry-into-race-allegations-kicking-discrimination-out-of-the-field/) - The Parliamentary Inquiry into the racism allegations made against Mark Sampson and consequently the Football Association marked the end of a sorry chapter for diversity in football. As allegations of sexual harassment circulate Parliament, there has seldom been a time in the UK where the propriety of how high profile and influential bodies investigate and
- [EU legislation set to further tighten regulations on use of communications data](https://barristermagazine.com/eu-legislation-set-to-further-tighten-regulations-on-use-of-communications-data/) - By Ron Moscona, Dorsey & Whitney, LLP We live in a connected world and often we take for granted that our smartphones and other devices should know where we are, or where we were yesterday, or how many steps we took during the day, or that it should guess what music we like, or whose
- [Defending private prosecutions](https://barristermagazine.com/defending-private-prosecutions/) - By Nicola O’Connor is a Partner at Russell-Cooke A defendant facing a private prosecution is a somewhat different experience to being prosecuted by the Crown Prosecution Service. There are a number of reasons for this. First and foremost there is an issue of resources. Public bodies during these times of austerity are often in difficulty
- [Lasting power of attorney risks – is there a resolution?](https://barristermagazine.com/lasting-power-of-attorney-risks-is-there-a-resolution/) - By Matthew Yates, Partner, Hunters Solicitors Attorneys vs. deputies We have all seen it happen. A slow decline in an elderly person's ability to manage finances or look after their personal care. They start to need a bit more help around the house, and decisions become more overwhelming. Family, friends and professionals become more involved
- [Fraud in Science: the Bigger Picture](https://barristermagazine.com/fraud-in-science-the-bigger-picture/) - Cases of fraud within published scientific research are on the rise, with several recent cases involving the falsification of images. The legal system must ensure it has the knowledge and processes in place to handle such cases The romantic view of science depicts it as an objective fact-based discipline in which hypotheses are put forward
- [Improving Access to Justice? What the Changes to Cost Capping in Planning and Environmental Claims Really Mean?](https://barristermagazine.com/improving-access-to-justice-what-the-changes-to-cost-capping-in-planning-and-environmental-claims-really-mean/) - Killian Garvey, planning & environmental law barrister at Kings Chambers, discusses the recent High Court ruling to re-impose fixed costs for disputes in planning and environmental cases. You will likely have the seen the headlines which accompanied the decision taken by the High Court last September to re-instate fixed costs for disputes in planning environmental
- [Could digital technology transform your chambers?](https://barristermagazine.com/could-digital-technology-transform-your-chambers/) - Digital disruption is here and it’s happening – even within the seemingly conservative and traditional judicial element of the legal profession. As with any change, it has caused some consternation but, with the right tools and forward-thinking leaders, digital transformation can be a powerful business enabler. It allows a firm to identify the changes required,
- [Modern Setting   ](https://barristermagazine.com/modern-setting/) - “We work hard, we get better, we want to help those who want to excel, we want to lead by example and we want to teach: we want to raise the Bar”. At a time of change and challenge for the profession, these opening words from Andrew Langdon QC at the 2017 Annual Bar and
- [“To boldly go” – Free speech today in the US supreme court](https://barristermagazine.com/to-boldly-go-free-speech-today-in-the-us-supreme-court/) - The United States Supreme Court (SCOTUS) has been flexing its muscles in relation to various forms of official censorship. In two important rulings handed down on 19 June 2017, the so-called “Slants” case and the case of Packingham v North Carolina, the Court has come down uncompromisingly in favour of free speech, albeit in two
- [Reconsidering how we talk about legal professional privilege](https://barristermagazine.com/reconsidering-how-we-talk-about-legal-professional-privilege/) - The Law Society announced last November its intention to intervene in Serious Fraud Office v Eurasian Natural Resources Corporation (SFO v ENRC) as it seeks to protect the right of clients to communicate confidentially with their lawyers. The gradual erosion of a right Earlier in (2017) alarm bells rang throughout the legal sector at the
- [What Black History Month Means to Me](https://barristermagazine.com/what-black-history-month-means-to-me/) - Black History Month to me is about reflecting on the past, present and the future of Black People in the UK and beyond. It is a time when I reflect on the achievements of Black Pioneers such as Mary Seacole, Rosa Parks, Martin Luther King, Barack Obama, and community leaders such as Bernie Grant and

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