Well…I spliced the main brace last night and ended up three sheets to the wind.

The United States and The United Kingdom – Peoples divided by a common language? 

“Well…I spliced the main brace last night and ended up three sheets to the wind. I can tell you that Mrs C was taken aback. Thought I was for the high jump. Mind you, it was cold enough outside to freeze the balls off a brass monkey. I was at a loose end, you see, and our work is, after all, money for old rope. Hadn’t had a square meal for hours which is probably why I was over refreshed. Normally, of course, I accept all drinks invitations at the drop of a hat and I am sure Mrs C took my excuse on the phone earlier with a pinch of salt. But hook or by crook, I was determined to join you at this wonderful bar for a spot of grog. Needed a hair of the dog anyway, but at the risk of flogging a dead horse and not wishing to be a fly in the ointment, I made my way over the water to get here. After all,  I don’t have feet of clay and these days one has to stand up and be counted, throw one’s hat into the ring…you understand, I am sure. Anyway…I would not be worth my salt if I had chickened out. Anyway…as you can see, I grasped the nettle, knowing that we would not have to pay through the nose here and it is not as if I had drunk a Mickey Finn…By the way…why are those Germans looking at me so strangely…. speaking the Queen’s English, which they understand, I am sure….so what is the problem? I am a good European. I back the EU…why are they staring at me that way?

Anyway..where was I ? Ah yes…It is a moot point as to whether I was left in the lurch when Johnny pegged out after having too many irons in the fire, which put the dampers on my plans to hold the fort and bag a table …..

***

Of course…we all understand the above phrases..but how many of us know where they come from? An excellent book “Red Herrings and White Elephants” by Albert Jack will make all clear. Available at Waterstones and all our other favourite legal bookshops…hopefully, still available.

 

***

#SAVEUKJUSTICE – A few observations…some sardonic 

A message from Cardinal Charoni di Tempranillo ? Absolutionally not!

It is some years since I invited a cousin – Cardinal Charoni di Tempranillo –  to write on my blog.

This is what he wrote last time…. it will give you a clue as to why I have not invited him to write again….

“For many years the Church enjoyed power, prestige, influence, great wealth and the private pleasures of the flesh by preying on the superstition and lack of education of the people it sought to have power over.  King Henry VIII started the rot by getting rid of the Pope and grabbing the land and wealth owned by the Church under the wonderful euphemism of ‘Reformation’ to set up a model more convenient to his politico-legal needs to establish a dynasty. Now we share with our brethren in other faiths, a world of converts much diminished by education, and seek to convert the remaining ill educated peoples of the world to our ways.

We have had some success but the internet, the spread of television and people like Hitchens and Dawkins flogging their God Delusion books through Amazon and all good bookshops has made it much more difficult to pass the collection plate around on Sundays – although we are doing good trade in‘Weddings in Church for the modern godless couple’, particularly in our more ‘historic’ churches and…. we have upped the stakes by doing wine tastings on Sunday mornings and slipping in a bit of absolution and a complimentary wafer  as our congregation sips the wine.

I am often asked if I believe in God.  I smile beningnly, raise my arms to the heavens and say ‘God is within us all’… which usually does the business.   Now, if you forgive me, I have matters to attend to… we are developing a package for governments that are running out of money to pay their police and armed forces.  We have a working title for it… ‘Operation Put the Fear of God back into your people’.

In the name of the  Father… the son….

Cardinal Charoni di Tempranillo”

A bit of the old ‘Rive Gauche’…

I am not a ‘grinch’ but I am not a great fan of the annual Christmas period. I found it pretty tedious as a child and still do. But, here we are at the start of a new year;  an opportunity to repeat mistakes of old and an opportunity to craft a few new ones.

It would appear that French influence in the world is waning?

I have decided to return to riding motorbikes.  A car in London isn’t of any value to me and, in any event, I far preferred my motorbikes to the many cars I had in my past.  So, I shall sell the Jaguar and buy a Honda Blackbird. (I have had five of these marvellous bikes in the past – always started and not one breakdown.)

***

So…let’s kick off the new year with a look at what  Tim Kevan’s marvellous creation Babybarista is up to: Solicitor Advocate 

“Jo Worby is one of those rare people in business who is more interested in talking about other people’s success. “ Clare Rodway, of the wonderful Kysen PR firm, writes an excellent blog: The Conversation.  Here she interviews Jo Warby

John Bolch continues, pleasingly, to cast a sharp and, at times, caustic eye over matters relating to Family Law.  His Saturday Review is well worth a look – with a rather spectacular graphic in the post.  The following quote will give you a taste of John’s left field approach to the subject.  (He does serious as well, though)… “The only time my wife and I had a simultaneous orgasm was when the judge signed the divorce papers.”  ~ Woody Allen 

***

This is why Criminal barristers are taking action on Monday 6th January

“In 24 hours time criminal lawyers will be on strike for the first time in history.” #walkout4justice” : Follow @TheCriminalBar on twitter for details.

And for a bit of prognostication from Brian Inkster’s The Time Blawg: Future Law: IT and Legal Practice Predictions for 2014: http://ow.ly/shlhH  #LegalIT #LegalTech #futurelaw

Fellow blogger and podcaster, Carl Gardner, writes: Alan Turing: a strain’d quality of irrational and arbitrary mercy

John Flood on his  RATs blog continues to analyse the profession:

“In law we live in comparative prehistoric times. Regulation is our protection, our safeguard, to prevent savages from invading our sacred spaces…”
Are We About to See the Arrival of Multidisciplinary Practices?

Simon Myerson QC – always a pleasure to read – pulls no punches in this blog post:

Ahead of Monday’s action (reminder: which I reluctantly support), the MoJ has published an “Ad Hoc Statistical Release”. Its purpose is clearly to prejudice readers, which will include the media, against the Bar. As such it is a disgusting piece of work – a Ministry should not seek to argue a political case against a group of private citizens at all, still less by the use of data obtained in an effort to promote ‘efficiency’. The counter-argument is that everyone is entitled to “the truth”. Alas, that argument cannot properly be deployed in this case because….

Misinformation By Public Bodies

Obiter J in his Law and Lawyers blog asks:  New Year’s Eve 2013 (1) – Are Human Rights approaching a knife edge?

“There is no British diplomatic mission in Syria, no latter-day Foley can help any of those facing death and destitution….”

Francis Fitzgibbon QC explains in his blog Nothing Like The Sun: Righteous Among the Nations?

***

And finally – Dan Hull in his WhatAboutClients blog writes:

How to Pick a Fight in a Global Recession.

There cannot be a crisis next week. My schedule is already full.

–Henry Kissinger, quoted in The New York Times Magazine, June 1, 1969

Answer: You choose fights more carefully–and you go on the offensive only when you must. As Rome discovered too late, protecting every terrain and border is expensive and draining. As business and trial people learn young, butting heads with everyone who has ever done you a disservice, or fighting every point in an oral argument, or an evidentiary or discovery dispute, will not just be expensive and draining. It will defeat you. And it will make you go bonkers.

Back later in the day… hopefully.

Par Avion from The Staterooms…

I thought I would start with some good news and head south after that…

QC brother of PM supports legal aid strike: Cameron’s barrister brother lends his backing to legal aid strike designed to undermine Government reforms:  Daily Mail

Well…there we are. Siblings don’t always agree with each other.

BUT… while I am on the topic of politicians, it occurs to me that the word *Sociopath* may be  a perfect description for some Tory MPs judging by their performances in the Daily Mail and other right wing rags?

An interesting note on the distinction between a Psychopath and and a Sociopath

With Britain getting back to the joys or miseries of work (take your pick) next week, I will be able to get back to podcasts and comments on the law, should I be seized of a desire to so comment.  In the meantime, I am enjoying Twitter and the net and the unusual things that pop up in my timeline.

And I did enjoy this tweet vis-à-vis the above on Psycho/sociopaths…

Pleasingly bizarre, also in the ‘provenance’ of the tweet…

Solicitor, Jules Carey had an unusual letter….

While I have taken up the amusing habit of *Vaping* with my new E-cigs when faced with restrictions on smoking fully leaded Marlboros – I have not taken up nude smoking.  However, should I be seized of a desire to do so, I shall be sure to invest in the natty fag pack holder pictured below.

And finally…. a wonderfully pointless talent to have… Backwards reading…

Back later, hopefully… orf to see a man about some cough mixture and cold medicaments.  One can never find a Carbolic Smokeball on the high street these days.

Guest Post: What do the Jackson Reforms mean to the general public?

What do the Jackson Reforms mean to the general public?

The chances are that the majority of the general public will never have heard of the Jackson Reforms. Indeed in a small survey where I questioned acquaintances as to what they knew of the Jackson Reforms none had ever heard of them. Needless to say none of those asked were lawyers or politicians. Asking the same question of the latter groups would no doubt elicit a more positive and knowledgeable response. They would probably be able to say that the Jackson Reforms arose from his year-long review of 2009 into the rising cost of civil litigation. His report of 2010 went on to become the principal tenets of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which was implemented on 1^st April 2013 and which has radically changed Civil Procedure Rules with the major objective of curbing the ever-escalating costs of civil litigation. Given that many solicitors, barristers and even judges are struggling to learn the new rules, it is hardly surprising that the general public remains oblivious.

However, if one small word is changed in our title-question and it becomes: “What do the Jackson Reforms mean FOR the general public? “then  it becomes more pertinent and easier to answer.

Key areas of reform are in the fields of Personal Injury (PI), Road Traffic Accidents (RTA), Employers’ Liability and Public Liability Claims. Basically the reforms have aimed to reduce solicitors’ costs by clarifying rules and speeding up procedures. The biggest changes for clients relate to how costs are calculated. For example, lawyers are no longer able to recover success fees and ATE (After the Event) insurance premiums from losing defendants. Payment of lawyers, always the biggest worry for impecunious litigants, will be allowed through contingency fees replacing C.F.A,’s and new Damage Based Awards. In PI cases success fees have been capped at 25% of damages and in RTA cases the cap for claims has increased to £50,000. Rules are now much more stringent and budgets must be prepared and approved at set stages. Such budgets are designed to ensure proportionality of costs to value of claims.  Probably a best known aspect of the Jackson Reforms is that they come at a time of the virtual disappearance of government legal aid. Addressing how litigants can fund their litigation, the Jackson Report endorsed and envisaged the growth of third party litigation funding. Previously it had been unclear how far the courts approved of third party funding, but since Jackson was looking for ways to increase access to justice it is clear he had to give it the green light. For the claimant to give up a percentage of his winnings to the funder might be a small price to pay, especially where the alternative might be to abandon the claim.

Lawyers are still attending courses to better understand the implications of the new post-Jackson rules. They must watch as new case law evolves under the new regulations. Only then will the full meaning both to and for the general public be really clear.

This article was brought to you by our friends at Vannin Capital. To find out more about corporate litigation visit their site today.

A bit of the old ‘Rive Gauche’

It is a bit early in the new year for any law firm, or lawyer for that matter, to have managed to get themselves into the Darwin Awards or appear as a feature on RollonFriday or Legal Cheek, so I shall have to content myself with other matters…

This transatlantic trade deal is a full-frontal assault on democracy

Brussels has kept quiet about a treaty that would let rapacious companies subvert our laws, rights and national sovereignty

“The purpose of the Transatlantic Trade and Investment Partnership is to remove the regulatory differences between the US and European nations. I mentioned it a couple of weeks ago. But I left out the most important issue: the remarkable ability it would grant big business to sue the living daylights out of governments which try to defend their citizens. It would allow a secretive panel of corporate lawyers to overrule the will of parliament and destroy our legal protections. Yet the defenders of our sovereignty say nothing.

A most interesting article in The Guardian from George Monbiot.

Reflecting on the death of the wonderful John Fortune and his satirical creations, with John Bird,  led me to Google.  There is a big difference between ‘satirical’ and satyrical.  An error of typing led me into a very strange world of Google pics.  At least some lawyers only wear the hair of a horse on their heads.  The amateur Satyrs go for a half man half horse look. It isn’t a good look, judging by the pictures on offer on Google.

RIP one of the creators of Sir George Parr – the clips always worth a second or third look. 

Well..there we are.  The new year is underway and a bit of real work beckons.

Guest Post: A Guide to Appearing at Court for a Driving Offence

A Guide to Appearing at Court for a Driving Offence

If you’ve never been to court before, you’re unlikely to know what to expect. Being accused of a driving offence can lead to serious ramifications for your social and business life, so it’s important that you get to grips with the legal process. An informed defendant is likelier to emerge with a more positive outcome than someone who didn’t do their homework. Remember that legal cases can be far-reaching and expensive.

How Long Will It Take My Case To Get To Court?

Usually, the police have up to six months (from the date of the incident) to summon you to court. That doesn’t mean that you have to be informed within this period; it just means that the police need to get the case to court within this timeframe. As a rule of thumb, if the authorities are slow off the mark, you may be going to court as late as 7-8 months after the incident.

Do You Have To Attend?

Depending on the offence, you may not have to be physically present. Most cases can be closed through correspondence. However, any serious offences will require your presence. If you could potentially have your licence disqualified, you will have to defend yourself. A legal representative can sometimes go in your stead, so ask before you travel.

How Long Will The Hearing Last For?

You have to come prepared. If you don’t, you will unnecessarily draw out the whole process. Guilty pleas can take as long as 30 minutes. Not guilty cases are usually considerably longer.

Will It All Be Over And Done With Then?

When the defendant pleads guilty, the Court will try to settle the matter in one sitting. It’s not necessarily guaranteed, so be prepared to adjourn. Not guilty hearings usually take at least two court hearings to finalise.

Will You Receive Help?

Once you’ve been issued a summons to court, you will be expected to take the necessary steps for your case, such as hiring a lawyer and gathering evidence. A legal representative and a carefully constructed case won’t be waiting for you when you arrive, unless you organise it yourself.

Can You Represent Yourself At Court?

You are within your rights to represent yourself in court, but it isn’t advisable; especially if the case is serious. Where possible, it’s best to hire a qualified solicitor that specialises in motor law. If you plan to represent yourself, at least seek legal advice before you do so.

What Are The Advantages Of Hiring A  Solicitor?

With a specialist motor solicitor, you can relax and let them take care of the complicated legal process, knowing that your chances of success are significantly increased. You’ll benefit from their previous experience of similar offences. If your licence is threatened, it’s best to put together the most watertight case possible. This is even more crucial, if you rely on your licence to do your job.

Composed by Ava Watkins on behalf of Driving Offence drink driving solicitors. Visit their drink driving solicitor page here http://www.drivingoffence.com/   for more information on these types of matters.

Another Postcard…well, it IS… New Year…

It being New Year – and little in the way of any law news about and a bit of time until Sherlock Holmes returns… I thought I would write another ‘Postcard…

I really could not resist this from Twitter..

‘Normal’ service will be resumed soon.

Postcard from The Staterooms – First of the year

I thought I may as well start the new year the way I fully intend to continue…so, on that basis… this marvellous graphic which I saw on Twitter…

HT to @SvenRadio

 

The Farageisti must be terribly disappointed.   What will they have to bang on about next?  It seems that the Bulgarians and Romanians prefer Spain, Italy and Germany to our fair shores.

I recall having to sit through The Sound of Music, rather hoping they would be caught. I am not a fan of musicals – save for The Rocky Horror Show. I don’t think that my Mother was terribly impressed when I asked when they were all going to be caught by the nazis…. pronounced Nazees….in a loud bored tone. I recall being quite young at the time.   I did not enjoy the film – but I did enjoy reading: Skreeeeem! The Sound Of Music.

RollonFriday reports... “Two judges are to be struck off for misappropriating more than £1.5 million in legal aid fees. But for the time being they still get to be judges.”

Astonishing, really.

Lord Justice Ward comes across as a man with a sharp turn in humour.  Legal Cheek picks up 10 of the Best Lord Justice Ward lines.  The extract below from Legal Cheek will give you a flavour…

When a Fathers 4 Justice campaigner came to argue his case dressed in a Darth Vader outfit complete with Jedi weaponry, Lord Justice Ward asked: “Would Lord Vader kindly take off his helmet and put down his light saber before addressing the court?” Ward then proceeded to politely refer to the man as “Lord Vader” throughout the hearing. [The Times]

One of my favourite satirists is the photoartist and satirist Beaubodor – invariably nails it with each picture he produces.  If you haven’t seen his work – do, please, have a look!

Like many, I was sorry to learn of the death of John Fortune :  Rory Bremner on John Fortune: ‘A fearless satirist and a lovely human being.

I have need, now, to do some smoking.  While I enjoy the Electric cigarettes for inside use – nothing quite like huddling under an umbrella smoking the real thing..  Back later… hopefully…

But..finally…oh dear….

Lawyer who uncovered JK Rowling’s Robert Galbraith alter ego fined £1,000

Christopher Gossage told his wife’s best friend that obscure writer of The Cuckoo’s Calling was in fact Harry Potter author

The Guardian

It may be that I am too easily amused at this time of year…

Happy New Year… and may 2014 be a good one for you

The truly honourable who turn down absurd British honours…

The truly honourable who turn down absurd British honours…

http://en.wikipedia.org/wiki/Declining_a_British_honour

I am not a fan of the British Honours system.  I can see no reason at all to call someone ‘Sir Basil” or “Dame Edna”… let alone the absurdity of ‘Lord / lady’.

Fortunately, I don’t need to – and won’t.

Also time to get rid of titles for all judges – gives the impression that they are not independent?  Some think so – as is their right…still… in Britain.  Why do we need a ‘Lord’ Chief Justice?  Chief Justice has far more impact.

I can’t imagine that judges need a title to do a decent job.  Ipso facto, why bother with the title?

But I do have some sensible advice for those contemplating a career in the law…

Postcard from the Staterooms: Iolanthe – Nightmare Song by The Lord Chancellor edition

Words are not needed for what follows…

sinister (comparative more sinister, superlative most sinister)

1. Inauspicious, ominous, unlucky, illegitimate (as in ‘political barsteward’).
2. Evil or seemingly evil; indicating lurking danger or harm.

   sinister influences

   the sinister atmosphere of the crypt

I have to say that Mr Osbore does seem a bit sinister in that photograph.  ‘Something of the night’ about him?

I recall Ann Widdecombe’s famous statement about another Tory wannabe… Michael Howard:  “There is something of the night about him”. The remark was considered to be extremely damaging to Howard.

I can only assume that this trait is a requirement for high office in the Tory party… or a talent for Gilbert & Sullivanesque comedy, in the case of our present ‘Lord Chancellor’, Chris Grayling, who I very much hope will raid the dressing up box again soon to reincarnate as an Archbishop.

Before I turn to other sinistral matters – a most interesting piece from Paul Gilbert..

Innovation – of course, it’s what we all do, isn’t it?

It won’t be long and once again our thoughts will turn to what will be new in the next twelve months; what innovation will we see, what new gadgets and ideas will come forward, who will make a break-through with something that will astonish us all?

In legal services we have had a decade or more of predictions about innovation (or Armageddon depending on your personal glass half full/empty barometer). We may be rather unsure about what the future will bring, but we are certain that we must all be innovative, we must all be ready for change and we must all be revolutionaries.

Yet, what has actually changed so far?

The rest of this article is well worth a read…

I find it difficult to leave the topic of Lord Chancellor Grayling – here he is again, divesting himself of his wisdom on the  European Court of Human Rights:

Grayling says European court of human rights has lost legitimacy

Justice secretary finalising plans to curtail Strasbourg court after 2015 to ‘ensure UK court judgments are final’

The Guardian

And here he is again singing a bit of Gilbert & Sullivan – which he does rather well – Iolanthe – Nightmare Song by The Lord Chancellor

That’s quite enough for now…back later when I have taken of supper…

Personal Statement from Dr Erasmus Strangelove, Senior Partner, Muttley Dastardly LLP

By popular demand – the return of our very successful Banking course – 2 years CPD

A Personal Christmas Statement to clients from Dr Erasmus Strangelove

I was pleased to see, while casually reviewing CCTV footage of our associates workfloor on Christmas Day, that good legal work was being done.  It was pleasing to note that the security provided by G5S was impeccable. Not one associate escaped during the 12 hour day.

I am able to report that profits accruing to The Partners this year exceeded expectation, despite the best endeavours of the present government which is doing all it can to dissuade people from going to law or, indeed, from going into the law.

The Partners had lunch on Christmas Eve, the cullinary details of which do not need to be revealed on grounds of decorum. We discussed, inter alia, the remarkable appointment of Chris ‘Kill a Burglar’ Grayling as Lord Chancellor.  We marvelled. One of our number marvelled too much and, sadly, had to be given a Heimlich maneuver (sic) to cure unstoppable laughter.  Unfortunately, the procedure failed.  We were, however, able to schedule the funeral immediately as he had no family and he will now rest in pieces rest in peace buried in our new roof garden. As he was not a god botherer there was no need for any religious element to the tasteful funeral we held.  It was a brief ceremony – 2.38 minutes of billable time. He would have been pleased that we were able to charge this as a disbursement to his favourite client as ‘perusal’.

We were able this year, at modest  cost to the client, to wish our clients a Happy Christmas and  a VERY prosperous New Year.  This fee item will show on your personal account as “Christmas Advice”.

If you would like any of your friends in need of legal services to be wished a Happy Christmas by any member of Muttley Dastardly LLP – please log into your personal MDLLP screen.   Christmas messages are very reasonably priced this year.  Your chosen message from us will be billed in the usual way.

I will write again in the New Year, quite possibly on New Year’s day, to see if we are able to assist you with legal issues or, indeed, suggest some.

Dr Erasmus Strangelove
Senior Partner

“Strength & Profits”

 

 

 

Postcard from The Staterooms: ‘Elucidator’ edition

I will, no doubt, return to commentary and analysis of matters legal at some point in the early new year – should I suddenly be seized of the mood to do so. Fortunately, there are others… elucidators…  who take on the burden of elucidation on matters legal.

 “Fox hunting is the unspeakable in pursuit of the inedible.” –Oscar Wilde

***

The last six months of 2013 was wiped out for me in terms of touring and sustained writing due to an unpleasant spinal injury – sustained while shaving when I tripped on a bathmat and fell backwards into the bath.  The doctor cheerfully told me that I was lucky.  It could have been far worse.  The dark side of my mind could not resist asking him if ‘worse’ meant ‘a bit of mortal coil shuffling’. The doctor was a fine man of medicine, but I don’t think he was used to ‘gallows humour’ from patients, so I left him to do the doctor bit.

It would seem that Barbasol recommend shaving while wearing ice skates.  I shall give it a go. Nothing ventured, nothing gained.

And so to other matters… resisting the urge to comment on the development of our laws with some ease.

David Allen Green, taking time off from the Financial Times to write for Legal Cheek – considers the interpretation of the Something Must be Done Act 2014

“Let’s start with Section 1:

“The Crown shall have the power to do anything, and nothing a Minister of the Crown does will be ultra vires.”

That should shut up the High Court for a while with their judicial review decisions.

But adding a second section to the Act will make sure that Ministers will act in the interests of all of us. So for the avoidance of doubt, Section 2 provides:

“The power given by Section 1 of this Act shall include the banning of things by any Minister of the Crown.”

 The remaining provisions of the Act are considered in depth here

I am reassured by this statement from the Boys in Blue… ?

On the topic of  ‘elucidation’ it seems appropriate to dig up that old chestnut from F.E. Smith (Later Lord Birkenhead).

“Judge: I’ve listened to you for an hour and I’m none wiser.
Smith: None the wiser, perhaps, my lord but certainly better informed.”

And a couple more for you… why not?

“It would be possible to say without exaggeration that the miners’ leaders were the stupidest men in England if we had not frequent occasion to meet the owners.”

And a particular favourite… I suspect there may be a few judges who could be rewarded with such wonderful eloquence today…

“Judge: What do you suppose I am on the bench for?
Smith: It is not for me, Your Honour, to attempt to fathom the inscrutable workings of Providence.”

And on that note, I take your leave to refresh myself…back later…perhaps.

Postcard from The Staterooms: What wine do you bring up with the fish edition?

Not a lot of law about to comment on and, if there is, it can wait until the new year.

Sitting at my desk looking at the back of a packet of Marlboro.  The picture on the back is a festive one of a dead body lying on a slab in a morgue –  a tasteful, atmospheric headshot. Still…on the bright side…smokers pay a lot in tax and some die younger, reducing the costs burden to our increasingly dystopian state?  A felicific calculus Bentham would be proud of. Our present Lord Chancellor may not be aware of the great legal writers of jurisprudence.  I am almost tempted to send him a copy of ‘Law Made Simple’ – although I would not wish to encourage him;  he might try to push such heresy through and where would we be then?

Mr Bentham’s remains in a case at The University of London

On a more festive note…. I see that The College of Law, now a university after a ‘Whovian’ transmogrification into a University  –  has managed to lose the contract to teach GDL and LPC students for Allen & Overy (See below also). Working on the reasonable principle that the University of Law would be unlikely to comment on this matter – I went to a reliable source – RollonFriday – to see if there was any ‘gen’ on why the University of Law lost the Allen & Overy contract.

Mr or Ms Anonymous User commented pithily: “Single-subject “university” that has been cutting and cutting on a knee-jerk basis now finds itself unable to compete. There’s no story here save for the years of business inadequacy not of it course but of its management.”

Another Mr or Ms Anonymous was able to shed further light on this matter with precision and astute observation…“Yeah: just the result of the previous management hacking through the staff, no business acumen any of them, therefore not surprising they cannot teach it.”

Well..there we are. Perhaps the University of Law needs assistance from my brother, Professor R.D. Charon?  I know he is free and I know he will be able to trot out the usual education ‘evidence based’ guff.  He also takes Amex.

Professor R.D. Charon was not available for comment – but his PR agent was able to respond to my email ” I am fairly confident that the vulture capitalists who now own the University of Law will do Britain proud.  Please settle the fee for this comment in the usual way by return cash.”

The University of Law has recorded a net profit of over £14m in its latest financial results, just a year after being purchased by private equity house Montagu Private Equity for £177m. Source: Legal Business

Curiously, apropos the loss by The University of Law (UoL)  of the Allen & Overy students to BPP which I noted above – “The UoL turned to longstanding adviser Allen & Overy (A&O) for legal advice during the sale, led by global corporate chair Richard Cranfield.”

You may like to read this incisive article from Professor Richard Moorhead in Legal Business.  A good read: Guest Post: Legal education review – why everyone is happy and no one is smiling

Given that it is still the festive season – this snippet from The Magistrates’ Blog amused me – on the ways of those who buy wine for investment. ‘Bottoms up’… seems, inappropriate, however.  I did enjoy a comment on this blogpost by Anonymous – who is, clearly, a very busy person, popping up on blogs all over the place – “I’ve never understood why we have concurrent sentences for consecutive crimes.”

Bitcher & Prickman cartoons are always worth a look – from US lawyer Charles Fincher Esq

2015 is coming soon and the current government will have to see what can be done with the electorate.  I am not a spin doctor, but given the increasing rise of the Kippers, David Cameron may like to reach out to some of them and the Storm Trooper Wing of his own party?

This may inspire the Tory Grandees?:  Springtime for Hitler for their version of The Producers ?

And…a curious story about Ian Duncan-Smith being less than open in recent years.  The BBC covered it in 2002: Newsnight reveals inaccuracies in Iain Duncan Smith’s CV

Back soon… and something rather more law based and sensible when the lawyers get back to work.

A bit of the old ‘Rive-Gauche’…

I was in a cafe in Kennington over lunch talking with my real brother (as opposed to Professor R.D. Charon) and saw the poster above on the wall.  I rather liked it. I have had the pleasure of meeting people who do daft things after a good shot of coffee. Mind you the stuff they put up their noses after taking a sip of coffee  probably didn’t help the clarity of their thinking…. but they were certainly ‘animated’….veritable Duracell bunnies they were.

And now, to kick off proceedings…. The death of the blog : Long live the law blog

Silence is not always golden

I came across an interesting article on The In-House Lawyer from MacFarlanes LLP – Silence is not always golden:

In PGF II SA v OMFS Company 1 Ltd [2013], the Court of Appeal considered, for the first time, whether a failure by a party to respond to an invitation to mediate should be treated as an unreasonable refusal to mediate – previous cases having focused on situations where there had been an express refusal to do so.

The Court of Appeal held that silence in the face of an offer to mediate is of itself unreasonable – even if circumstances exist which would justify an express refusal to mediate.

I may have overdone the ‘Law’ content (above) for the festive season… so… onwards with little in the way of ‘The law’ getting in the way…

Beaubodor is a very talented artist and humourist who has a good record of ‘hitting the nail on the head’.  I always enjoy his pictures.  Visit the Beaubodor website 

One website where I can be certain of avoiding ‘the Law’ – but still about ‘Law’  – is Legal Cheek, a website I particularly enjoy. 

Here – the 10 most-read Legal Cheek Stories of 2013 : From Ward LJ “This case involves a number of – and here I must not fall into Dr Spooner’s error – warring bankers.”

Never in the field of human conflict has so little been done by so few for so many….?

It would appear that the Prime Minister may well have been mildly ‘over-refreshed’. Did he come up with the ‘bright idea’ of appointing Chris Grayling as Lord Chancellor after his evening out?

John Bolch over at Family Lore has an amusing Review of the Year…

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I am a fan of Clare Rodway’s The Conversation blog – here she interviews Jo Warby

Jo Worby is one of those rare people in business who is more interested in talking about other people’s success. She is also rare in being a female managing partner. She has developed ambitious plans for her law firm, Maidstone-based Brachers, since taking on the role and a lot of them are focussed on engaging the people in her business…..

I am also a fan of Charles Pugsley Fincher and his art…

Carl Gardner is a ‘precision law blogger’ and a good friend and accomplice in our Without Prejudice podcasts – which will return soon. This recent blog post is well worth a read:  Alan Turing: a strain’d quality of irrational and arbitrary mercy

I must not overdo the ‘legal thinking’ or ‘thinking legal’ … back on the morrow with more.

Postcard from the Staterooms – Prime Minister Cnut edition

Dear Reader,

Christmas passed pleasantly in the company of good friends –  but then I had the misfortune to stumble across an article in The New Statesman about the prime minister’s attempt to control the internet:  Cameron’s internet filter goes far beyond porn – and that was always the plan. 

Surprised?

But…on the bright side…RollonFriday is doing in depth research into law firms and the attitudes of those who work at law firms.

This extract will give you a taste…

Allen & Overy has got very posh with a “jazzy new in-house shop” which sells everything from “delectable pick’n’mix and cakes to champagne“. And Tiffany jewellery. And flour, “for all those who have the time to bake their own bread.” However there’s disagreement as to the quality of colleague. One trainee says there are “very few arseholes” in the firm, but a senior associate disagrees: “speedy lifts, wall-to-wall tossers“.

Thankfully, there are many fine lawyers out there – many working for very modest remuneration compared to the commercial velociraptors in ‘The City’ – chacun à son goût.

a più tardi….

Happy Christmas…

This Christmas many will listen to the Queen and her annual message.

I thought some years ago that it would be amusing if the Duke of Edinburgh had a go at the annual Christmas message… perhaps along these lines…?

It seems only appropriate, given the Duke’s ability to come out with astonishing statements, to quote my favourite of his observations on our friends in other lands…

When asked if he would like to visit the Soviet Union

“The bastards murdered half my family”

Have a good Christmas – however you spend it…

My only vaguely sane contribution to Chrimbo – the square fried egg.

Happy Christmas… but, sadly, not for some…

It may be time for Mr Cameron to ‘consider his position’.