It has taken some time for the blogosphere to really take hold in the field of UK law. However, there have been some trailblazers which are now coming into the mainstream. One of the best of these is the blog of the self-styled Charon QC which provides an eclectic mix of law, humour and contemporary interest ranging from politicis to sport. It's run by Mike Semple-Piggott's team at the online student magazine Consilio and the CPD training for lawyers The Legal Practitioner. It really is highly recommended.
Bringing blogging firmly into the mainstream of legal comment, The Times Newspaper Online provides a blog from Alex Wade entitled A Legal Life. Alex is a media lawyer and writer whose topics range from hard-hitting legal issues to his hobbies of boxing, surfing and poker. He's surrently writing a book about surfing in Britain and he also writes a blog in this respect which can be found at Surf Nation.
If you're after a more general look at legal blogs in this country, then look at Blawgle which is a tailoured search engine for this area provided by Nick Holmes at Info Law. Nick himself also runs an excellent blog which can be found at Binary Law.
Wednesday, November 15, 2006
Thursday, September 21, 2006
Football bungs, Panorama and the Law
Given all the hype surrounding the Panorama programme on corruption in football yesterday, it was surprising to see how little hard evidence they were able to present after such an extensive investigation. In particular, so much of it appeared to be based upon gossip and innuendo.
One of the things that seems to have been missed out in most of the coverage is the potential legal implications. These are just a few. First, if proven, there may be criminal law implications. The Prevention of Corruption Act makes it an offence for agents (and this potentially could include managers and other club officials) to offer or receive a bribe. The offence is punishable by up to 7 years in prison. Other potential offences include conspiracy to corrupt or defraud and also tax evasion. Second, there may be civil law implcations. For example, an employee of a club might be sacked for gross misconduct and potentially for breach of fiduciary duties. There may also be liability for deceit. Besides this, the bung may also serve to undermine and re-open the whole contract. Finally, there are the FA and other professional body regulations. These emphasise that payments should not be made direct to agents and further that clubs should not have any interest in an agency. Conflicts of interest should be declared.
As for the possible victims of secret filming, although strictly entrapment is not a defence in England, they may argue that the use of such evidence is in breach of their right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR). They may also suggest that it was an infringement of Article 8 of the ECHR and their right to privacy. Potentially they might also consider actions for breach of that right to privacy and also in defamation depending upon the circumstances.
It should be remembered that this is nothing new to the sport. Preston North End were found guilty of making illegal payments to players as early as the 1880s and Leeds United were only formed after Leeds City were kicked out of League Division 2 in the 1920s for making illegal payments. It is noteworthy that there is a forthcoming report to be made by Lord Stephens on this issue. This coincides with the Italian football investigations. Perhaps the time is ripe for an overhaul of the system similar to that undertaken in the 1990s in relation to doping offences.
The most obvious room for improvement is an end to the alleged culture of turning a blind eye and a little more transparency being introduced. This has to come from the governing bodies and the boardrooms down. Much has been said about the alleged behaviour of managers and agents but it should not be forgotten that the people running the upper echelons of the sport, those deciding whether to put resources into investigations or not, are very often the chairmen and directors of clubs. If the push to clean up football is to succeed, it needs to be from the top down.
This could be coupled with a review of the system of punishments within the game. To some it seems somewhat anomalous that whilst the criminal law could end up sentencing someone for up to 7 years for taking a bribe, the regulatory bodies realistically threaten only fines and relatively short bans from the game. This leaves at least the suggestion of there being a different law for the rich. It is to be hoped that Lord Stephens makes the most of the opportunity with which he is now presented.
by Tim Kevan, barrister, 1 Temple Gardens (www.timkevan.com)
One of the things that seems to have been missed out in most of the coverage is the potential legal implications. These are just a few. First, if proven, there may be criminal law implications. The Prevention of Corruption Act makes it an offence for agents (and this potentially could include managers and other club officials) to offer or receive a bribe. The offence is punishable by up to 7 years in prison. Other potential offences include conspiracy to corrupt or defraud and also tax evasion. Second, there may be civil law implcations. For example, an employee of a club might be sacked for gross misconduct and potentially for breach of fiduciary duties. There may also be liability for deceit. Besides this, the bung may also serve to undermine and re-open the whole contract. Finally, there are the FA and other professional body regulations. These emphasise that payments should not be made direct to agents and further that clubs should not have any interest in an agency. Conflicts of interest should be declared.
As for the possible victims of secret filming, although strictly entrapment is not a defence in England, they may argue that the use of such evidence is in breach of their right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR). They may also suggest that it was an infringement of Article 8 of the ECHR and their right to privacy. Potentially they might also consider actions for breach of that right to privacy and also in defamation depending upon the circumstances.
It should be remembered that this is nothing new to the sport. Preston North End were found guilty of making illegal payments to players as early as the 1880s and Leeds United were only formed after Leeds City were kicked out of League Division 2 in the 1920s for making illegal payments. It is noteworthy that there is a forthcoming report to be made by Lord Stephens on this issue. This coincides with the Italian football investigations. Perhaps the time is ripe for an overhaul of the system similar to that undertaken in the 1990s in relation to doping offences.
The most obvious room for improvement is an end to the alleged culture of turning a blind eye and a little more transparency being introduced. This has to come from the governing bodies and the boardrooms down. Much has been said about the alleged behaviour of managers and agents but it should not be forgotten that the people running the upper echelons of the sport, those deciding whether to put resources into investigations or not, are very often the chairmen and directors of clubs. If the push to clean up football is to succeed, it needs to be from the top down.
This could be coupled with a review of the system of punishments within the game. To some it seems somewhat anomalous that whilst the criminal law could end up sentencing someone for up to 7 years for taking a bribe, the regulatory bodies realistically threaten only fines and relatively short bans from the game. This leaves at least the suggestion of there being a different law for the rich. It is to be hoped that Lord Stephens makes the most of the opportunity with which he is now presented.
by Tim Kevan, barrister, 1 Temple Gardens (www.timkevan.com)
Tuesday, September 12, 2006
Book Review: Consumer Credit Act 2006
Consumer Credit Act 2006: A Guide to the New Law (The Law Society, 2006) by Julia Smith and Sandra McCalla
Someone once said that the only thing that you need to understand about the law on consumer credit is that you will never understand it. Thankfully this book disproves that suggestion. It provides a clear and refreshingly accessible guide to the new Act which is the most significant change to the law on consumer credit in the last 30 years. In particular, it covers the new powers which the courts will have to redress the balance in 'unfair relationships' and the extension of powers of the financial ombudsman and the OFT. Highly recommended for all those practising in or affected by this area.
Someone once said that the only thing that you need to understand about the law on consumer credit is that you will never understand it. Thankfully this book disproves that suggestion. It provides a clear and refreshingly accessible guide to the new Act which is the most significant change to the law on consumer credit in the last 30 years. In particular, it covers the new powers which the courts will have to redress the balance in 'unfair relationships' and the extension of powers of the financial ombudsman and the OFT. Highly recommended for all those practising in or affected by this area.
Monday, August 21, 2006
Book Review: The Future of the NHS
The Future of the NHS by Dr Michelle Tempest (xpl Publishing www.xplpublishing.com, 2006)
This is one of special those books that comes along only very occasionally and is truly for everyone to read. It is written by over 40 top health professionals and policy-makers and covers all the big issues facing the NHS. The book starts with chapters from all three political parties (a rare thing in one volume) and is followed by guides to developments in all the main medical disciplines. It then goes on to look at issues such as management and funding of the NHS. Of particular interest to lawyers will be the chapters on the legal issues facing the service. It examines in particular the challenges of clinical negligence cases and what will be the possible effects of the NHS Redress and Compensation Bills. One chapter suggests that the Redress Scheme might be extended to all cases. It also suggests that there should be some immunity for medics in situations of extreme emergency, similar to the immunity barristers used to have in court. The book also looks at some of the employment law issues facing such a large organisation. This provides a really fascinating insight into healthcare provision and issues which affect us all. It is aimed both at professionals and the general public and is a must for anyone wanting to understand some of the issues facing the institution.
This is one of special those books that comes along only very occasionally and is truly for everyone to read. It is written by over 40 top health professionals and policy-makers and covers all the big issues facing the NHS. The book starts with chapters from all three political parties (a rare thing in one volume) and is followed by guides to developments in all the main medical disciplines. It then goes on to look at issues such as management and funding of the NHS. Of particular interest to lawyers will be the chapters on the legal issues facing the service. It examines in particular the challenges of clinical negligence cases and what will be the possible effects of the NHS Redress and Compensation Bills. One chapter suggests that the Redress Scheme might be extended to all cases. It also suggests that there should be some immunity for medics in situations of extreme emergency, similar to the immunity barristers used to have in court. The book also looks at some of the employment law issues facing such a large organisation. This provides a really fascinating insight into healthcare provision and issues which affect us all. It is aimed both at professionals and the general public and is a must for anyone wanting to understand some of the issues facing the institution.
Tuesday, June 13, 2006
Inside the Family Court
Radio Four are airing a two part show based at the ILFPC called 'Inside the Family Court' in which DJ Crichton plays a large role. The first half was last Thursday and dealt with private law cases this Thursday it will be the turn of public law cases.
Last week's show can be downloaded from the BBC Radio Four homepage until (I think) Thursday. This is the link if anyone is interested:
http://www.bbc.co.uk/radio/noscript.shtml/radio/aod/radio4_aod.shtml?radio4/family_court"
Posted by:
Emily Beer
Three Dr Johnson's Buildings
Last week's show can be downloaded from the BBC Radio Four homepage until (I think) Thursday. This is the link if anyone is interested:
http://www.bbc.co.uk/radio/noscript.shtml/radio/aod/radio4_aod.shtml?radio4/family_court"
Posted by:
Emily Beer
Three Dr Johnson's Buildings
Monday, June 05, 2006
Human Rights - Congestion Charge Challenge
The Mail on Sunday today reported that Richard Webb, a van driver and history buff from Twickenham claims to have successfully challenged the congestion charge on the basis that it contravenes the 1689 Bill of Rights by making a fine without convicting him in a court of law. Specifically, the Bill of Rights states that "all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void." Transport for London failed to shine any great light on the challenge´s success or failure.
Whatever the strengths or weaknesses of this challenge, does anyone have other examples of unexpected grounds for appeal of driving charges?
Whatever the strengths or weaknesses of this challenge, does anyone have other examples of unexpected grounds for appeal of driving charges?
Tax - Inland Revenue targets celebrities
It was reported in today´s Sunday Times that the HM Revenue and Customs is mounting a test case against Richard and Judy that may set a precedent for television presenters, authors and footballers. The argment, it appears, is that these people´s agents´fees should not be able to be written off against tax. There is also a suggestion that if the Revenue is successful it may claim back up to six years of unpaid tax even though people had following existing guidelines in good faith.
On its face this appears to be an attempt to add another stealth tax which will hit the poorest (eg struggling writers) the hardest.
On its face this appears to be an attempt to add another stealth tax which will hit the poorest (eg struggling writers) the hardest.
Family Law - Divorce Ruling
Following the groundbreaking judgment by the House of Lords in the cases of Miller v Miller and McFarlane v McFarlane it is now being suggested that this may allow spouses who divorced with continuing payments to re-open their settlements. It will be interesting to see how this develops.
Does anyone have any comments on this or on the judgments generally?
Does anyone have any comments on this or on the judgments generally?
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