S12E04 - All Change! No Change!

On this week's show, which you can listen to by clicking these very words, Ben and Kirstin talk their way through the so-called "revolution" in the family courts.

It is something of an oddity that reforms that actually do very little in terms of changing the status quo and, instead, assume that lawyers have been doing it wrong for all of this time, should be heralded as a "revolution" by a political judge.  Check out the government hype in the links below.

Not content with having a pop at the President of the Family Division's self-congratulation, Ben finds the High Court utterly objectionable as it gives a litigant in person a raw deal and seems to object to justice being done.

Knife crime guidelines get the sharp tongue of Kirstin as we celebrate another Court of Appeal decision that is a little lacking in purpose.

In addition, we have a little look at the cost of getting judicial review wrong - or rather, not turning to the silver bullet that is ADR.

Yes, you may be able to tell that we are feeling more than a little snarky this week.  It might pass.  It might not.

Links:

Law students in divorce courts and putting the children first.
Sir James Munby’s Oscar Speech: http://flba.co.uk/wp-content/uploads/2014/04/2014view11-2.doc.docx
http://www.dailymail.co.uk/news/article-2610014/Law-students-drafted-help-resolve-divorce-cases-shake-family-justice-system.html
http://www.huffingtonpost.co.uk/2014/04/23/law-studentstrusted-counselling-divorcing-couples_n_5197804.html
http://www.adjacentgovernment.co.uk/local-government-news/family-justice-reforms-put-childrens-need-first/
http://www.tayloremmet.co.uk/blogs/new-family-court/
THINK OF THE CHILDREN (or “How to use children to push a government austerity agenda" video): https://www.youtube.com/watch?v=XA99gui758I
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217343/family-justice-review-final-report.pdf

Knife crime guidance.
http://www.bailii.org/ew/cases/EWCA/Crim/2014/747.html

The cost of getting it wrong: http://www.bailii.org/ew/cases/EWHC/Admin/2014/11l97.html

Medical excuses and litigants in person getting steamrollered.
http://www.bailii.org/ew/cases/EWHC/Admin/2012/332.html

S12E03 - A Rare Thing Indeed!

On this week's show, which you can hear by clicking here, we are joined by lap-dancer-turned-law-student, Vanessa Knowles to talk about how a law student making good money from being very visible online might encounter problems in a future career.  It turns out things are not as bleak as you might think.

We talk about how not to deal with the Court of Appeal when it comes to having a pop at a client's previous lawyers and how the Court uses its rarely-wielded power to dismiss a case without a hearing of any sort.

We look at a rarely-used power to have a witness deposed - US-style!  Is it about to be used more often after being on the statute books for many years?

We also take a look at the Legal Aid position in relation to awkward forensic experts holding on to evidence until a fee is paid by defence lawyers.  No spoilers, but it turns out that things are not quite as they seem.

All of that and we have a quick glance at the sad plight of Nigel Evans MP, the PDS and Nick "Mr Loophole" Freeman.

Check out the links below for the sources used and for additional material we thought you might like to read.

Have a good Easter break.

The links:

No charge allowed for prosecution expert labs to show all to the defence - Keith Borer Consultants make a FOI request to the Forensic Regulator.

http://www.keithborer.co.uk/uploads/assets/files/KBC%20April%202014%20Newsletter%20E&W.pdf

https://www.whatdotheyknow.com/request/171649/response/425409/attach/html/3/84617%20Final%20response.pdf.html

You have an appointment to be deposed!

http://northpod.openshadow.com/asset_docs/Power%20of%20justice%20to%20take%20depositions.pdf

R v Achogbuo http://www.bailii.org/ew/cases/EWCA/Crim/2014/567.html http://www.legislation.gov.uk/ukpga/1968/19/pdfs/ukpga_19680019_en.pdf

£3,000 for a splinter in the bum.

http://www.dailymail.co.uk/news/article-2606125/Parents-sue-school-3-000-seven-year-old-son-got-splinter-sat-wooden-bench.html

Croydon Guardian tells it slightly differently again: http://www.croydonguardian.co.uk/news/11148736.Boy_with_sore_bottom_wins_payout_after_school_bench_gives_him_painful_splinter/

Law student stripper

http://www.dailymail.co.uk/femail/article-2605809/Lap-dancing-webcam-work-teach-transferable-legal-skills-Law-student-set-scoop-funds-degree-stripping-online-earns-50k-year-it.html

http://www.independent.co.uk/student/news/as-many-as-a-third-of-women-strippers-are-students-trying-to-pay-for-their-education-9158808.html

and for lawyers already working at the CPS:

http://www.telegraph.co.uk/news/newstopics/howaboutthat/2463005/CPS-lawyer-works-as-nude-model-while-on-sick-leave.html

and those BPP boys are in demand (or they were before the agency went belly-up):

http://www.rollonfriday.com/Blogs/ReadBlog/tabid/144/id/25891/Default.aspx

In case you’re wondering what that test is for solicitors, here it is: http://www.sra.org.uk/solicitors/handbook/suitabilitytest/content.page

“More rigorous tests to be applied by CPS and police says Scotland Yard Chief” http://www.dailymail.co.uk/news/article-2606080/Historic-sex-abuse-allegations-subject-stricter-tests-prosecutions-says-Scotland-Yard-chief.html

Twitter coverage

https://storify.com/anyapalmer/a-tax-on-innocence

The PDS

http://www.lawgazette.co.uk/practice/public-defender-service-hires-11-advocates/5040880.article

Nick Freeman and the ASA. 

http://www.lawgazette.co.uk/5040872.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ160414

S12E02 - The New Way(a)

The Way(a) to listen is to click here!

Enough with the awful title and dreadful pun - is it a pun?  This week we transport you to the sunny shores of Cape Town via a fascinating interview with barrister David Pojur, telling us all about the legal system that's currently trying Oscar Pistorius.

We come closer to home although no further from scandalous trials to look at the Nigel Evans trial in Preston.  Ben's promised link to the Code for Crown Prosecutors is here.

Kirstin discusses Re G a family case with wider importance to absent fathers and Ben tells you why the glimmer of hope we had in POCA cases turns out to be fools gold due to R v King whilst Jonathan saves the day with some good news and a quote from Simon Spence QC.

We urge you to reply to the BSB consultation - Possibly the most important thing you will do this year.

If you would like to know more about Legal Hack Minnesota you can find out here. We do hope they're going to come and tell us more in person.

S12E01 - Proposals

Listen Here

Welcome back.  It's the glorious Twelfth!

In week one, we talk to Family Barrister Joe Lynch about the proposed changes to the child cruelty laws to add in emotional abuse.  Should it be done?  Can it be done?  How's it done in the rest of the world?  The Action for Children report can be found here


We exclusively reveal how much the Lord Chancellor's car costs - STOP PRESS!!

And we confuse you completely with the proposed theft sentencing guidelines - don't forget to engage with the consultation to try at least to make it less complicated.  You can read about it, confuse yourself and contribute here.

Your extra reading material can be found here (POCA Case) and here (Solicitor)

Nice to have you back.