Author: Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression.

"Free speech encompasses the right to offend, and indeed to abuse another." Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

R v O’Neill [2016] EWCA Crim 92, [2016]

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won………

Dom on BBC Working Lunch

Categories
Legal Analysis

What is a Judgment ?

Judgment

A judgment, also known as a judicial decision or court ruling, is the final decision made by a court of law in a legal case or dispute. It represents the court’s official decision on the matters brought before it and typically resolves the legal issues in question.

It is the culmination of legal proceedings, where a judge evaluates evidence, arguments and applicable laws to arrive at a verdict. Whether it’s a criminal case, family dispute, civil dispute or administrative matter, a judgment carries significant consequences for the parties involved.

A judgment may include various elements such as:

  1. Findings of Fact: The court’s determination of what events or circumstances occurred in the case.
  2. Conclusions of Law: The legal principles applied by the court to the facts of the case to reach a decision.
  3. Decision or Disposition: The specific outcome or ruling of the case, which could include a verdict of guilty or not guilty (in a criminal case), or a judgment for the plaintiff or defendant (in a civil case).
  4. Orders: Any specific actions or remedies ordered by the court as part of the judgment, such as monetary damages, injunctions, or other relief.

A court judgment is typically written and issued by a judge or a panel of judges. It is a formal and legally binding document that concludes the legal proceedings in the case, although it may be subject to appeal or modification under certain circumstances.

Sometimes, judgment is reserved, which means withholding a final opinion until more information is available. It acknowledges the complexity of issues and avoids premature conclusions.

These are the latest judgments published by the Courts and Tribunals Judiciary of England and Wales.

  • The King (on the application of Huda Ammori) -V- Secretary of State for the Home Department
    Neutral Citation Number: [2025] Ewca Civ 848Case No: Ac-2025-Lon-002122 In the Court of Appeal (Civil Division)On appeal from the High Court of JusticeKing’s Bench DivisionAdministrative CourtMr Justice ChamberlainAc-2025-Lon-002122 4 July 2025 Before: Lady Chief Justice of England and Wales(Baroness Carr of Walton-on-the-Hill)Lord Justice LewisandLord Justice Edis Between: The King (on the application of Huda Ammori) […] The post The King […]
  • Ammori -v- Secretary of State for the Home Department
    Neutral citation number: [2025] EWHC 1708 (Admin) Case number: AC-2025-LON-002122 In the High Court of JusticeKing’s Bench DivisionAdministrative Court 4 July 2025 Before: Mr Justice Chamberlain Between: The Kingon the application ofHuda Ammori -v- Secretary of State for the Home Department The post Ammori -v- Secretary of State for the Home Department appeared first on Courts and Tribunals Judiciary.
  • Rex -v- Roman Le, Yihao Feng and David Qayumi
    The Crown Court at Birmingham 4 July 2025 Before: HHJ Dean Kershaw Between: Rex -v- Roman LeYihao FengDavid Qayumi The post Rex -v- Roman Le, Yihao Feng and David Qayumi appeared first on Courts and Tribunals Judiciary.
  • The King -v- Redinel Korfuzi and Oerta Korfuzi
    In the Crown Court at Southwark 4 July 2025 Before: HHJ Milne KC Between: The King (FCA) -v- Redinel KorfuziOerta Korfuzi Sentencing remarks The post The King -v- Redinel Korfuzi and Oerta Korfuzi appeared first on Courts and Tribunals Judiciary.
  • Sony Interactive -v- Alex Neill; Visa -v- Commercial and Interregional; Mastercard -v- Commercial and Interregional; Apple -v- Rachael Kent; and Apple -v- Justin Gutmann
    Neutral citation number: [2025] EWCA Civ 841 Case numbers: CA-2024-000151,000601,000602,000603,000604,000285and 000892 In the Court of Appeal (Civil Division)On appeal from the Competition Appeal Tribunal(Mr Ben Tidswell (Chair), the Hon. Lord Richardson and Mr Derek Ridyard)[2023] CAT 73 Before: Sir Julian Flaux, Chancellor of the High Court,Lord Justice BirssandLord Justice Green Between: (1) Sony Interactive Entertainment […] The post Sony Interactive […]
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Legal Analysis

What is an Adverse Inference ?

Adverse Inference

Adverse inference is a legal principle that plays a significant role in various areas of law, including criminal, civil, and family law. It arises when a party remains silent or withholds evidence, leading the court to draw a negative inference.

The CPS publish important guidance on the law and practice surrounding adverse inferences from a Defendant’s silence in certain circumstances. To avoid the drawing of an adverse inference, some Defendants will read out a pre-prepared statement and then refuse to answer any further questions.

Section 34 of the Criminal Justice and Public Order Act (CJPOA) 1994

  • Section 34 of the Criminal Justice and Public Order Act (CJPOA) 1994 allows an inference to be drawn if a suspect remains silent when questioned under caution before being charged and subsequently relies on a relevant fact in court.
  • If a suspect declines to answer questions during questioning, this alone does not trigger an adverse inference. However, when the suspect later seeks to provide an account or explanation, the adverse inference provision comes into play.
  • The term “fact” in Section 34 has a broad meaning, covering any alleged fact that is in issue and put forward as part of the defence case. Even if the defendant does not give or call evidence, a specific case presented by the defence advocate to a prosecution witness can be considered a relevant fact.

Sections 35 to 37 of the CJPOA 1994

  • Section 35: Deals with the effect of a defendant’s silence at trial. It allows the court to draw an adverse inference if the defendant remains silent during the trial.
  • Section 36: Addresses the effect of a defendant’s refusal or failure to account for objects, substances, or marks.
  • Section 37: Covers the effect of a defendant’s refusal or failure to account for their presence at a particular place.

Section 38 of the CJPOA 1994 – Interpretation and Savings

  1. Definitions:
    • Legal Representative: Refers to a person authorized under the Legal Services Act 2007 for activities related to the exercise of a right of audience or the conduct of litigation.
    • Place: Encompasses buildings, vehicles, vessels, aircraft, and any other location.
  2. Offences Charged:
    • References to an “offence charged” include any other offense for which the accused could lawfully be convicted based on the same charge.
  3. Inferences and Proceedings:
    • Proceedings Against the Accused: An adverse inference cannot solely lead to transferring proceedings to the Crown Court, finding a case to answer, or convicting the accused.
    • Refusal to Grant Applications: A judge cannot refuse applications solely based on an inference drawn from the accused’s failure to answer questions (as mentioned in sections 34, 36, or 37).
  4. Preserving Other Legal Provisions:
    • Admissibility of Evidence: Sections 34, 35, 36, or 37 do not affect provisions that render certain answers or evidence inadmissible against the accused or others.
    • Court’s Discretion: Courts retain the power to exclude evidence at their discretion, regardless of whether it involves furnishing information, making discoveries, producing documents, or other forms of evidence.

Section 38 ensures that adverse inferences are drawn judiciously, respecting legal rights and maintaining fairness in criminal proceedings.

Preconditions for Drawing an Adverse Inference

Before an adverse inference can be drawn, the following conditions must be met:

Certainly! Let’s explore the six necessary conditions that must be satisfied before an adverse inference can be drawn in circumstances where there has been a failure to mention a relevant fact when questioned. These conditions are crucial in legal proceedings, particularly when considering a defendant’s silence. Here they are:

  1. Pre-interview Disclosure:
    • The defendant must have been informed of the allegations against them before any questioning.
    • This ensures that the defendant is aware of the specific charges they are facing.
  2. Legal Advice to Be Silent:
    • The defendant must have received legal advice regarding their right to remain silent.
    • Legal professionals must ensure that the defendant understands their options and the potential consequences of remaining silent.
  3. The Defendant Waiving Legal Privilege:
    • If the defendant voluntarily waives their legal privilege (i.e., chooses to speak), their silence during questioning can be used against them.
    • This condition ensures that the defendant’s silence is a deliberate choice rather than a lack of understanding.
  4. Prepared and Self-Serving Statements:
    • The court considers whether the defendant’s statements were prepared or self-serving.
    • If the defendant selectively chooses to mention certain facts while remaining silent about others, this can impact the inference drawn.
  5. Failure to Mention a Relevant Fact:
    • The alleged failure must relate to not mentioning a fact that is relevant to the case.
    • The defendant’s silence regarding a crucial detail can be significant in assessing their credibility.
  6. Reasonable Expectation to Mention When Questioned:
    • The defendant’s silence should pertain to a fact that, under the circumstances, they could reasonably have been expected to mention when questioned.
    • If the omission is material and relevant, an adverse inference may be drawn.

These conditions help ensure fairness and balance in legal proceedings, allowing courts to consider a defendant’s silence in a well-defined context.

Case Law Examples

  • In Webber [2004] 1 All ER 770, the House of Lords held that the word “fact” as given in Section 34 should be given a broad meaning. It covered any alleged fact which was in issue and put forward as part of the defence case. Therefore, a specific case put by a Defendants advocate to a prosecution witness can be a fact relied on, even if the Defendant does not give or call evidence.
  • In M [2012] 1 Cr App R 26, it was held that the judge had incorrectly allowed the jury to draw an adverse inference from a failure by the appellant to mention relevant facts in interview when there was no basis for drawing one. There, the officers who interviewed the appellant mistakenly asked him about the alleged rape on the wrong date. The appellant subsequently relied on facts relevant to the date that the alleged rape was said to have occurred. The Court found that it was difficult to see how in those circumstances the appellant could have reasonably been expected to say more.
  • In Lee [2015] EWCA Crim 420, it was held that the judge had correctly allowed the jury to draw adverse inferences from the Defendants silence in interview following his arrest for an assault on his partner. Although the police did not have the specific details of the allegations at that stage, the questions were clearly directed to trying to discover whether or by whom the partner had been assaulted.

Civil Law

  • Evidence Withheld: In civil proceedings, parties may withhold evidence within their possession or control.
  • Negative Inference: If a party fails to produce relevant evidence, the court may infer that the evidence would have been unfavourable to that party’s position.
  • Example: If a claimant fails to provide crucial documents related to their claim, the court may infer that those documents would not support their case.

Family Law

  • Child Custody Cases: In family law, adverse inference can arise in child custody disputes.
  • Parental Behaviour: If a parent refuses to provide relevant information about their parenting abilities or fails to disclose relevant facts, the court may infer negatively.
  • Example: If a parent avoids discussing their history of substance abuse during custody proceedings, the court may draw an adverse inference.

Adverse inference ensures that parties are transparent and forthcoming in legal proceedings. Whether in criminal, civil, or family law, the principle encourages honesty and accountability. Legal professionals must navigate these provisions carefully to uphold justice and fairness.

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Legal Analysis

What is a Lucas Direction ?

Lucas Direction

A Lucas Direction, stemming from the case of R v Lucas (Ruth) [1981] EWCA Crim J0519-8, is a legal principle used in criminal trials to guide the jury on how to consider the evidence of lies told by a defendant. The case of Regina v Lucas (Ruth) is a landmark decision that established the criteria under which a lie can be considered as evidence of guilt.

The case involved Iyabode Ruth Lucas, who was convicted at Reading Crown Court on two counts of being knowingly concerned in the fraudulent evasion of the prohibition of the importation into the UK of a controlled drug, namely cannabis, contrary to the Misuse of Drugs Act 1971. The conviction was based on her arrival from Nigeria at Gatwick and Heathrow airports with significant quantities of cannabis. The appeal focused on whether the trial judge gave a correct direction on the question of corroboration of the evidence provided by an accomplice.

The Court of Appeal, led by Lord Lane LCJ, held that the mere fact that a defendant has lied is not in itself evidence of guilt. People may lie for various reasons, such as shame, panic, or the desire to cover for someone else. Therefore, a Lucas Direction instructs the jury that they can only consider a lie as evidence supporting guilt if certain conditions are met:

The lie must be deliberate.
The lie must relate to a material issue.
The lie must be told after the crime.
The lie must be told before there is a strong suspicion of guilt.
The jury must be satisfied that the lie was told to conceal guilt, and even then, it is not conclusive proof of guilt but merely an additional piece of evidence to be weighed with all other evidence in the case.

Lucas Direction Conditions

The Lucas Direction is significant because it protects defendants from being unjustly convicted based solely on their lies. It ensures that the jury understands that not all lies are indicative of guilt and that they must carefully consider the context and reasons for the lie before drawing any inferences.

The principles from Regina v Lucas (Ruth) have been cited in numerous subsequent cases and have become an integral part of jury instructions in criminal trials. It reflects the careful balance that must be struck in the justice system between the prosecution’s need to prove guilt and the protection of the rights of the accused.

In summary, the Lucas Direction serves as a safeguard against wrongful convictions and underscores the importance of a fair trial. It is a reminder that while the truth is paramount in the pursuit of justice, the reasons behind a person’s actions, including their lies, must be thoroughly examined and understood. The legacy of Regina v Lucas (Ruth) continues to influence the administration of justice, ensuring that juries are properly directed on how to approach evidence of lies in the context of a criminal trial.

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Legal Professionals

The Four Inns of Court

Inns of Court

The Inns of Court are professional associations for barristers in England and Wales. They are responsible for the training and qualification of barristers, who are the specialised courtroom advocates in the British legal system. Every barrister must belong to one of these Inns.

London’s Four Inns of Court are renowned for their rich history, prestigious legal education and significant role in shaping the British legal system.

These four Inns of Court are Lincoln’s Inn, Gray’s Inn, Inner Temple, and Middle Temple

Historical Origins of the Inns of Court

During the 12th and early 13th centuries, law was primarily taught by the clergy in the City of London. However, a papal bull in 1218 prohibited the clergy from practicing in secular courts. Laymen gradually took over legal practice and teaching. Guilds of law, modelled on trade guilds, eventually evolved into the Inns of Court.

The Four Inns of Court

Lincoln’s Inn

History: Established in the 14th century, The Honourable Society of Lincoln’s Inn is one of the oldest Inns of Court. It takes its name from the area of London where it is located. The Inn’s origins can be traced back to the legal lectures and apprenticeships that took place here in the medieval period. Over time, Lincoln’s Inn became a hub for legal education and practice, attracting aspiring lawyers from across England.

Notable Features: Lincoln’s Inn boasts impressive architectural heritage, with its stunning Great Hall dating back to the 15th century. The Chapel, Library, and Gardens further enhance its historic appeal.

Key Figures: Many distinguished legal minds have been associated with Lincoln’s Inn, including Thomas More, Lord Mansfield, and Lord Denning.

On Saturday 14th September 2024, Lincoln’s Inn once again opened its doors to the public for Open House Festival.

Gray’s Inn

History: The Honourable Society of Gray’s Inn, situated near Holborn, has origins dating back to at least the 14th century. Like other Inns, Gray’s Inn served as a place of legal study and networking for aspiring lawyers. Its members played significant roles in the legal and political spheres throughout history.

Notable Features: The Gray’s Inn Hall, built in 1560, is a highlight of this institution. The Walks, a serene garden area, provide a tranquil retreat in the heart of bustling London.

Key Figures: Francis Bacon, one of England’s most famous philosophers and statesmen, was associated with Gray’s Inn.

Inner Temple

History: The Honourable Society of Inner Temple, located in the Temple area of London, traces its roots to the Knights Templar, who originally owned the land. By the 14th century, it had become a significant legal centre. The Inns of Court played essential roles in legal education and fostering professional standards.

Notable Features: The Inner Temple Hall, completed in 1572, is an architectural gem with historical significance. The tranquil Inner Temple Gardens offer a serene escape amidst London’s bustling streets.

Key Figures: Sir Edward Coke, a renowned jurist and parliamentarian, was associated with Inner Temple.

Middle Temple

History: The Honourable Society of Middle Temple, adjacent to Inner Temple, also has medieval origins and was associated with the Knights Templar. It became a distinct legal institution by the late 14th century. Middle Temple has played a crucial role in legal education and professional development.

Notable Features: Middle Temple Hall, completed in 1573, is renowned for its grandeur and historic significance. The buildings and gardens of Middle Temple offer a captivating glimpse into London’s legal and architectural heritage.

Key Figures: Notable members include Sir Walter Raleigh and Lord Eldon.

In the late 20th century, many barristers’ chambers moved outside the Inns’ precincts due to growth in the legal profession and a desire for more modern accommodations. However, the Inns of Court continue to play a vital role in legal education and professional development.

In summary, the Inns of Court are not merely historical relics; they remain essential institutions for barristers, shaping legal practice and tradition to this day.

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Legal Professionals

What is a Notary ?

Notary

A Notary is a qualified lawyer and a member of the oldest branch of the legal profession in the United Kingdom. In this article we explore the role, qualifications and historical context of notaries.

Role of a Notary

  1. Authentication and Certification:
    • Notaries specialise in authenticating and certifying signatures, authority, and capacity related to documents for use abroad.
    • They ensure the validity and reliability of legal documents in international transactions.
  2. General Legal Practice:
    • Notaries are authorised to conduct general legal practice, excluding court proceedings.
    • Their work spans various areas, including conveyancing (property transactions) and probate (handling wills and estates).
  3. Commissioner for Oaths:
    • Notaries can exercise the powers of a Commissioner for Oaths.
    • They administer oaths and affirmations for legal purposes.

Role of a Scrivener Notary

Scrivener Notaries specialise in foreign law and may become freemen of the Worshipful Company of Scriveners.

  • Authentication and Certification:
    • Scrivener Notaries focus on authenticating and certifying signatures, authority, and capacity related to documents for use abroad.
    • They ensure the validity and reliability of legal documents in international transactions.
  • Advanced Legal Practice:
    • Scrivener Notaries are authorized to conduct general legal practice, excluding court proceedings.
    • Their work extends to areas such as conveyancing (property transactions) and probate (handling wills and estates).
  • Multilingual Skills:
    • Scrivener Notaries are trained in advanced aspects of notarial practice and are proficient in at least two foreign languages.
    • Their linguistic qualifications ensure effective communication in international contexts.

Historical Roots

  • The office of a notary public traces its origins to ancient Rome.
  • In England and Wales, notaries were appointed on papal authority by the Archbishop of Canterbury until 1533.
  • The Faculty Office has its origins in the Ecclesiastical Licences Act 1533.
  • After the break from Rome, appointments continued under the authority of the Crown.
  • The Archbishop’s jurisdiction is exercised through the Court of Faculties, one of the oldest English courts.
  • Since 1801, statutes enacted by Parliament underpin the appointment and regulation of notaries.

Qualifications and Regulation

  1. Education and Training:
    • Applicants generally hold a university degree or are qualified solicitors or barristers.
    • They must obtain a Diploma in Notarial Practice after prescribed study (offered by the University of London).
    • A formal warrant (faculty) under the seal of the Archbishop of Canterbury confirms their appointment as a Notary Public.
  2. Appointment and Regulation:
    • Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury.
    • They are subject to regulation by the Master of the Faculties.
    • Similar to solicitors, notaries must comply with stringent practice rules and maintain fidelity cover for client protection.
  3. Insurance and Compliance:
    • Notaries must be fully insured.
    • They keep clients’ funds separate from their own.
    • Annual practising certificates are renewed only if they adhere to rules and demonstrate satisfactory character.

Governance and Renewal

  • The Faculty Office oversees notaries’ training, qualification, and governance.
  • The Registrar issues the annual practising certificate.
  • Notaries renew their certificates annually by complying with rules and regulations.

Notaries vs. Solicitors

  • Notaries:
    • Primarily concerned with international transactions and document authentication.
    • Some notaries also handle general legal practice.
    • Notaries may or may not be solicitors.
    • Scrivener notaries are a specialized group within the profession.
  • Solicitors:
    • Provide specialist legal advice across various areas of law.
    • Represent and defend clients’ legal interests.
    • Work closely with clients and are often their first point of contact.
    • Advise on personal matters (e.g., wills, divorces) and commercial work (e.g., mergers, acquisitions).

General Notaries vs. Scrivener Notaries

  • General Notaries:
    • Most general notaries also practice as solicitors.
    • Their work includes authentication, certification, and general legal practice.
    • Some general notaries do not practice as solicitors.
  • Scrivener Notaries:
    • Specialized in advanced notarial services.
    • Proficient in foreign law and languages.
    • Scrivener Notaries may or may not be solicitors.

Notary Links

The Notaries Society
The Society of Scrivener Notaries
The Faculty Office of the Archbishop of Canterbury

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Judiciary Legal Professionals

Guide to Judicial Conduct and Misconduct

Judicial Conduct

The Guide to Judicial Conduct – Revised July 2023, published by the judiciary, is intended to assist judges, tribunal members, coroners and magistrates, in relation to their conduct.

The Guide to Judicial Conduct, amongst other things, states that judicial office holders are expected to display diligence and care in the discharge of judicial duties.

Guide-to-Judicial-Conduct-2023Download

The Guidance is based on the principle that responsibility for deciding whether or not a particular activity or course of conduct is appropriate rests with each individual judicial office holder.

The Guide is therefore not a code, nor does it contain rules other than where clearly stated. It contains a set of core principles which will help judicial office holders reach their own decisions.

In January 2023, the Lady Chief Justice and Senior President of Tribunals asked the Judicial HR committee, who are the representative body for the entire judiciary, to revise the Guide again to reflect changes in wider aspects of judicial and public life.

UK Supreme Court Guide to Judicial Conduct

The United Kingdom Supreme Court published a Guide to Judicial Conduct (2019).

Every court should have a Code of Judicial Conduct that sets out the standards of ethical conduct to be expected of the Court. Such a Code serves a number of purposes. It provides guidance to the members of the Court. It informs those who use the Court of the standards that they can reasonably expect of its judges. It explains to members of the public how judges behave and should help to secure their respect and support for the judiciary.

 Rt Hon. the Baroness Hale of Richmond DBE
UK-Supreme-Court-guide-to-judicial-conductDownload

The Judicial Committee of the Privy Council Guide to Judicial Conduct

The Judicial Committee of the Privy Council have also published a Guide to Judicial Conduct (2019).

Judicial-Committee-of-the-Privy-Council-guide-to-judicial-conductDownload

Judicial Conduct Investigations Office (JCIO)

The Judicial Conduct Investigations Office (JCIO) is responsible for investigating complaints about the personal conduct of judges, as well as their professional conduct. It has the power to investigate complaints made by members of the public, legal professionals, and other judges.

The JCIO’s investigations are carried out by a team of investigators who are independent of the judiciary.

Judicial Conduct Investigations Office (JCIO) Disciplinary Statements

You can check if a a judge has had any disciplinary action against them as Disciplinary statements are published on the JCIO website and are sorted by year.

The JCIO publication policy states that a statement will normally be published when a disciplinary sanction has been issued to a judicial office-holder for misconduct.

The Lady Chief Justice and Lord Chancellor may decide jointly to:

  • issue a statement in any case;
  • decline to issue a statement in any case;
  • delete a statement prior to the expiration of the relevant publication period.

Misconduct by Senior Judiciary

These people are expected to be addressed as “Your Honour”! In a real business they would have been fired ! Can you Criticise a Judge ?

Recorder Simon Myerson

“The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Recorder Simon Myerson with formal advice for misconduct after he posted inappropriately on Twitter (now known as X).”

His Honour Judge Nigel Gerald

“The Lady Chief Justice and Lord Chancellor agreed with the nominated judge that HHJ Gerald’s actions fell short of the standards expected of a judge and that his actions amounted to judicial misconduct.”

His Honour Judge Jan Luba

“The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued His Honour Judge (HHJ) Jan Luba with formal advice for misconduct.”

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‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Judiciary

President of the King’s Bench Division

President of the Kings Bench Division

The President of the King’s Bench Division is a highly esteemed position in the United Kingdom’s judicial system.

The President of the King’s Bench Division (KBD) is responsible for the deployment and organisation of the work of the largest of the three High Court Divisions. At its full complement the King’s Bench Division has 71 High Court Judges and has the most varied jurisdiction. By the nature of the office the President is a judge of the Court of Appeal.

Current President of the King’s Bench Division

The current President of the King’s Bench Division is Dame Victoria Sharp DBE.

Dame Victoria succeeded Sir Brian Leveson and is the first woman to hold the position of President of the Queen’s Bench Division and subsequently is the first woman to hold the position of President of the King’s Bench Division.

History of the King’s Bench Division

The King’s Bench Division has a long and intricate history, tracing back to the time of William the Conqueror.

As established by the Magna Carta, the Royal Court (known as coram rege) had jurisdiction over cases heard before the king. These cases could be held anywhere the king was located, whether around the country or at Westminster. Over time, the King’s Bench became a central institution for legal proceedings, handling various matters.

The King’s Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873. After this merger, the King’s Bench became a division within the High Court.

Appointment

The Heads of Division are appointed by The King on the recommendation of a selection panel convened by the Judicial Appointments Commission (JAC).

The selection panel comprises the Lady Chief Justice as Chair, a nominee of the Lady Chief Justice, the Chair of the JAC Helen Pitcher OBE, a lay member of the JAC and a nominee of the JAC Chair agreed with the Lady Chief Justice.

The panel reports to the Lord Chancellor, who can then accept the selection, reject it, or require the panel to reconsider. If practical the panel must consult the current holder of the office for which a selection is being made.

By law, candidates for the post must be qualified for appointment as a Lord or Lady Justice of Appeal or to be a judge of the Court of Appeal.

Check out our articles on Judiciary, President of the Family Division, HHJ Farquhar, HHJ Bedford and the highly questionable Sussex Family Justice Board.

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 William Ewart Gladstone

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Legal Professionals

Solicitors

Solicitors

A solicitor is a qualified legal professional who plays a crucial role in the legal system of England and Wales. Let’s explore what solicitors do, their qualifications and the essential skills.

Role of a Solicitor

  1. Legal Advice and Representation:
    • Solicitors provide specialist legal advice across various areas of law.
    • They represent and defend clients’ legal interests.
    • Clients can be individuals, groups, public sector organizations, or private companies.
  2. Client Liaison:
    • As a solicitor, you work closely with clients and are often their first point of contact.
    • You take instructions from clients and advise them on necessary legal actions.
  3. Diverse Areas of Practice:
    • Solicitors handle a wide range of issues:
      • Personal matters: Wills, divorces, and family law.
      • Commercial work: Mergers, acquisitions, and business transactions.
  4. Work Settings:
    • Once qualified, solicitors can work in various settings:
      • Private practice: Running their own law firms.
      • In-house: Advising commercial or industrial organizations.
      • Government: Local or central government roles.
      • Court service: Participating in legal proceedings.

Qualifications for Becoming a Solicitor

  1. Solicitors Qualifying Exam (SQE):
    • Introduced in September 2021, the SQE is the new centralized assessment for solicitor qualification.
    • It replaces the traditional Legal Practice Course (LPC) route.
    • The SQE consists of four stages:
      • Degree: Obtain a degree (or equivalent) in any subject.
      • SQE1 and SQE2 assessments: Pass these assessments.
      • Qualifying Work Experience (QWE): Complete a minimum of two years of relevant work experience.
      • Character and suitability: Demonstrate satisfactory character.
  2. Non-Law Graduates:
    • Non-law graduates acquire foundational legal knowledge through conversion courses:
      • Postgraduate Diploma in Law (PGDL).
      • Master of Arts in Law (MA Law Conversion).
      • Master of Arts in Law (MA Law SQE1).
      • SQE Law Essentials Online.

Essential Skills for Solicitors

  1. Professionalism:
    • Approach work with integrity and respect for confidentiality.
  2. Problem-Solving:
    • Analyse complex legal issues and find practical solutions.
  3. Research and Analysis:
    • Conduct thorough legal research to support cases.
  4. Communication:
    • Excellent written and oral communication skills are vital.

The Solicitors Regulation Authority (SRA) regulates solicitors in England and Wales.

In summary, solicitors are legal professionals who combine legal expertise with client-focused service, ensuring justice and legal protection for individuals and organizations alike

Check out our articles on Solicitors Regulation Authority, Solicitors Disciplinary Tribunal (SDT), Mayo Wynne Baxter Solicitors, Law Society of England and Wales, Barristers, Direct Access Barristers, Bar Standards Board, Bar Council, Rule of Law and the highly questionable Sussex Family Justice Board.

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‘Justice delayed is justice denied’

 William Ewart Gladstone

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Legal Professionals

Kings Counsel (KC)

kings counsel

The King’s Counsel (KC) is a prestigious title awarded to senior barristers and advocates who have rights of audience in the higher courts of England and Wales who have also demonstrated the competencies in the Competency Framework to a standard of excellence.

King’s Counsel are appointed from amongst practising advocates – both barristers and solicitors.

The selection process for KC’s is rigorous and selective, and candidates must meet specific criteria to be eligible for consideration.

In this article, we will examine the history, qualifications, and benefits of being appointed as a King’s Counsel in the UK, as well as the process of recommendation and appointment.

History of King’s Counsel

The title of King’s Counsel (KC) has a long and rich history in the legal profession in the UK. It was first introduced in the 16th century during the reign of King Elizabeth I. At that time, the title was conferred upon lawyers who were appointed by the monarch to act as legal advisors and advocates in court.

In the 19th century, the title of King’s Counsel became more closely associated with the legal profession. It was recognized as a mark of excellence in the field, and those who were appointed to the position were seen as being among the most skilled and experienced lawyers in the country.

Qualifications for King’s Counsel

To be considered for appointment as a King’s Counsel, a lawyer must meet a strict set of criteria.

First and foremost, they must have a minimum of ten years’ experience practicing law, and they must have demonstrated exceptional skill and expertise in their field.

They must also have a strong record of advocacy and be able to demonstrate that they have achieved outstanding results for their clients.

In addition to these qualifications, a lawyer must also be nominated for the position by the Lord Chancellor.

The Lord Chancellor invites nominations from a range of sources, including judges, other senior lawyers, and professional bodies such as the Bar Council and Law Society.

Once a nomination has been made, the candidate must submit an application that includes detailed information about their legal career and achievements.

This will typically include information on their education, professional experience, notable cases, and any other relevant information that demonstrates their skill and expertise in the field of law.

Benefits of being a King’s Counsel

Being appointed as a King’s Counsel is a significant achievement in the legal profession. It is a mark of excellence that is recognized both within the legal profession and outside of it. It is also a title that comes with a number of benefits.

One of the main benefits of being a King’s Counsel is that it provides lawyers with increased opportunities to work on high-profile and complex cases. As one of the most respected titles in the legal profession, those who hold the position of King’s Counsel are often sought out by clients who are looking for the best possible representation.

Another benefit of being a King’s Counsel is that it can lead to increased earnings. Lawyers who hold this title are often able to command higher fees for their services, as clients are willing to pay a premium for the expertise and experience that comes with the position.

In addition to these benefits, being a King’s Counsel is also an opportunity to give back to the legal profession. Those who hold this title are often involved in mentoring and training younger lawyers, helping to ensure that the next generation of legal professionals is well-prepared to take on the challenges of the profession.

Recommendation and Appointment Process

The process of appointing a KC in the UK is overseen by the King’s Counsel Appointments (KCA) committee. The KCA is an independent body that is responsible for recommending candidates for appointment as KCs to the Lord Chancellor.

The process typically begins with nominations made by judges, other senior lawyers, and professional bodies such as the Bar Council and Law Society. The Lord Chancellor may also invite nominations from other sources, including members of the public.

Once a nomination has been made, the candidate must submit an application that includes detailed information about their legal career and achievements. The KCA
committee will then review the application and consider a range of factors when making their recommendation, including the candidate’s skill, experience, and professional conduct.

The KCA also considers diversity and inclusion when making their recommendations. They are committed to ensuring that the legal profession is representative of the communities it serves, and they actively seek out candidates from a diverse range of backgrounds.

Once the KCA has made their recommendation, it is then up to the Lord Chancellor to make the final decision on whether to appoint the candidate as a KC. The Lord Chancellor typically follows the recommendation of the KCA, but they are not bound to do so.

Complaints

King’s Counsel Appointments does not deal with complaints about KCs. Those are dealt with by the Legal Ombudsman; or by the Bar Standards Board for barristers or the Solicitors Regulations Authority for solicitor KCs.

Being appointed as a King’s Counsel is a significant achievement in the legal profession in the UK. It is a title that is recognized both within the legal profession and outside of it, and it comes with a range of benefits.

Overall, the appointment of KCs is a rigorous and selective process that ensures that only the most skilled and experienced lawyers in the UK are awarded this prestigious title.

It is a mark of excellence that is highly respected within the legal profession and serves as a testament to a lawyer’s skill and expertise in the practice of law.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie. Neither who, in my opinion, are ever likely to receive KC….

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

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Policing

Report Police Corruption and Abuse

Report Police Corruption and Abuse

The Crimestoppers hotline to report corruption in the Metropolitan Police has now been launched nationwide.

2,878 online reports and calls were received between November 2022 and February 2024 in relation to officers and staff at the Metropolitan Police Service. It has resulted in 728 Met Police led investigations.

‘Its success has been a very positive step for our communities in London and we are pleased that all the other forces have decided to adopt it and we will see a national roll out……..It’s vital that the public know there are clear systems in place where appalling behaviours will be challenged and addressed robustly and that those within policing know they can trust their colleagues.’

Det Ch Sup Andy Day – Met Police Anti-Corruption and Abuse Command

The Police Anti-Corruption and Abuse Reporting Service gives people an easy way to report information about a police officer, member of police staff or volunteer who they believe are taking advantage of their role and abusing their position of power. This abuse may be for financial or sexual motivation, or their conduct could be motivated by hatred or prejudice.

You can contact the national Police Anti-Corruption and Abuse Reporting Service on 0800 085 0000 or online 24/7, 365 days a year to provide any information you may have about a Police Service, police officer, member of police staff or police volunteer who engage in the following :-

  • Provides information or influence in return for money or favours.
  • Uses their policing position for personal advantage – whether financial or otherwise.
  • Crosses professional boundaries for sexual purposes.
  • Abuses or controls their partner, or those they have a relationship with.
  • Engages in racist, homophobic or misogynistic conduct, on or off duty, in person or online.

Call 999 if:

  • a serious offence is in progress or has just been committed
  • someone is in immediate danger or harm
  • property is in danger of being damaged
  • a serious disruption to the public is likely

Call 101 for non-emergency enquiries. You can also Report a Crime online.

‘We do not underestimate the impact recent events have had on trust and confidence in policing, including the appalling findings of the Angiolini report……The vast majority of police officers and staff act professionally and with integrity in the fulfilment of their duties to protect the public’

Chief Constable Gavin Stephens – Chair of the National Police Chiefs’ Council

Check out our articles on Sussex Police, Chief Constable Jo Shiner Sussex Police, What is a Police and Crime Commissioner and a Police and Crime Panel ?, Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time, Met Police and the highly questionable Sussex Family Justice Board.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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