Categories
Legal Professionals

What is a Paralegal ?

Paralegal

A paralegal is a legal professional who performs tasks that require knowledge of legal concepts but does not hold the full expertise of a lawyer with an admission to practice law. These skilled individuals play a crucial role in supporting lawyers and law firms across various legal domains.

Tasks and Responsibilities

Paralegals engage in a wide range of duties, assisting lawyers in their day-to-day work. Some common tasks include:

  • Legal Research: Conducting research on case law, statutes, regulations, and legal precedents.
  • Document Preparation: Drafting legal documents, contracts, and correspondence.
  • Interviewing Witnesses: Gathering information from witnesses and clients.
  • Case Management: Organizing case files, maintaining records, and tracking deadlines.
  • Trial Preparation: Assisting in trial preparation by organizing evidence, witness lists, and exhibits.
  • Client Communication: Maintaining professional communication with clients.

Distinction Between Paralegals and Lawyers

While lawyers analyse legal matters from various angles, considering implications, consequences, and strategy, paralegals focus on executing the course of action recommended by lawyers. Their work involves practical implementation, such as interviewing witnesses, conducting research, and completing legal paperwork.

Crossover with Lawyers

In some practice areas, paralegals handle cases from start to finish, especially when dealing with routine matters like conveyancing, probate, debt recovery, or small claims. However, lawyers continue to handle complex cases or those involving substantial sums of money, such as mergers, murder trials, and high-stakes divorces. Paralegals’ involvement in such instances tends to be peripheral.

Examples of Paralegal Work

Here are some real-world examples of paralegal tasks:

  • Probate and Family Law: Handling divorce cases or probate matters within a solicitors’ firm.
  • Property Transactions: Assisting in land purchases and property sales for development companies.
  • Trademark Registration: Registering and defending trademarks for businesses.
  • Animal Cruelty Prosecutions: Working with the RSPCA prosecutions team.
  • Immigration Law Advice: Providing immigration law guidance to clients.
  • Consumer Law Protection: Advising on consumer rights within local authority trading standards departments.
  • Citizens Advice Volunteer: Assisting the public with employment, housing, and other issues.
  • Crown Prosecution Service: Supporting legal proceedings.
  • Company Incorporation: Handling company secretarial work for solicitors’ firms, accountancy firms, or company formation practices

Paralegal Links

Certainly! Here’s a curated list of UK-based paralegal websites that you might find valuable:

  1. Professional Paralegal Register (PPR): The PPR is a voluntary registered scheme and regulator for professional paralegals. Employers and the public can be assured that paralegals on the register meet required standards. Paralegals with a Paralegal Practising Certificate (PPC) are fully regulated to offer legal services to consumers.
  2. How to Become a Paralegal in the UK: This website provides insights into becoming a paralegal in the UK. It also highlights job opportunities advertised on platforms like Indeed and Reed.
  3. UK Law Blogs: Discover the best UK law blogs ranked by traffic, social media followers, and freshness. Stay updated on legal trends and news from these informative blogs.
  4. National Paralegal Register: If you’re looking for a paralegal to assist with a legal issue, use this register. You can shortlist paralegals based on region and legal expertise. Check if a paralegal is a NALP member using the filters.

In summary, paralegals are essential contributors to the legal field, bridging the gap between legal theory and practical implementation. Their expertise ensures the efficient functioning of legal processes and supports lawyers in delivering effective legal services.

Check out our articles on Barristers, Direct Access Barristers, Four Inns of Court, Bar Standards Board, Bar Standards Board Justice ?, Solicitors, Rule of Law and the highly questionable Sussex Family Justice Board.

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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.

  • Skelton -v- IOPC
    Neutral citation number: [2024] EWHC 983 (Admin)Case Number: AC-2023-LDS-000049 In the High Court of JusticeKing’s Bench DivisionAdmin CourtSitting in Leeds 26 April 2024 Before: Mrs Justice Hill DBE Between: R (on the application of) Glenn Skelton -v- Director General of the Independent Office forPolice Conductand(1) Officer B50(2) Chief Constable of Humberside Police The post Skelton -v- IOPC appeared first on […]
  • Regina -v- Iftikhar Ali
    In the Central Criminal Court, Old Bailey 26 April 2024 Sentencing remarks of Her Honour Judge Anuja Dhir KC Between: Regina -v- Iftikhar Ali The post Regina -v- Iftikhar Ali appeared first on Courts and Tribunals Judiciary.
  • Mitchell -v- Al Jaber
    Neutral Citation Number: [2024] EWCA Civ 423Case Numbers: CA-2023-000615CA-2023-000643 In the Court of Appeal (Civil Division)On appeal from the High Court of JusticeBusiness and Property Courts of England and WalesInsolvency and Companies List (ChD) 26 April 2024 Before: Lord Justice NeweyLord Justice ArnoldLord Justice Snowden Between: 1) Greig William Alexander Mitchell2) Kenneth Melvin Krys (Joint […] The post Mitchell -v- […]
  • Sherman -v- Reader Offers Limited
    Neutral citation number: [2024] EWCA Civ 412Case Number: CA-2023-000623 In the Court of Appeal (Civil Division)On appeal from the High Court of JusticeKing’s Bench Division 26 April 2024 Before: Lord Justice Underhill(President of the Court of Appeal, Civil Division)Lady Justice AsplinandLord Justice Males Between: 1) Rosemary Sherman2) Nicholas Sherman -v- Reader Offers Limited The post Sherman -v- Reader Offers Limited […]
  • Upham and others -v- HSBC
    Neutral citation number: [2024] EWHC 849 (Comm)Case Number: CL-2020-000347 In the High Court of JusticeBusiness and Property Courts of England and WalesCommercial Court (KBD) 26 April 2024 Before: Mr Justice Bright Between: Christopher Bernard Upham and others -v- HSBC UK Bank plc The post Upham and others -v- HSBC appeared first on Courts and Tribunals Judiciary.
  • R (Woodcock Hill Village Green Committee) -v- SSEFRA
    Neutral Citation Number: [2024] EWCA CIV 420Case Number: CA-2023-000729 In the Court of Appeal (Civil Division)On Appeal From the High Court of JusticeKing’s Bench DivisionAdministrative Court 25 April 2024 Before:Sir Keith Lindblom(Senior President of Tribunals)Lord Justice Singh andLady Justice Elisabeth Laing Between:The King(on the Application of Patricia Strack on Behalf of the Woodcock Hill Village […] The post R (Woodcock […]
  • Blake and Seymour -v- Fox
    Neutral Citation Number: [2024] EWHC 956 (KB)Case Number: KB-2021-001248 In the High Court of JusticeKing’s Bench DivisionMedia & Communications ListRoyal Courts of Justice 25 April 2024 Before:The Honourable Mrs Justice Collins Rice Between:(1) Mr Simon Blake(2) Mr Colin Seymour-v-Mr Laurence Fox The post Blake and Seymour -v- Fox appeared first on Courts and Tribunals Judiciary.
  • GYT -v- Commissioner of Police of the Metropolis (anonymity order)
    Claim Number: KB-2022-003308 In The High Court Of JusticeKing’s Bench Division 24 April 2024 Before:Master Stevens Between:GYT (A Protected Party by his Litigation Friend and Wife MUZ)-v-Commissioner of Police of the Metropolis Anonymity Order BEFORE Master Stevens sitting in the Royal Courts of Justice, the Strand, London on 24 April 2024 remotely by Microsoft TeamsUPON […] The post GYT -v- […]
  • Andrew Hale-Byrne -v- Secretary of State for Business and Trade and another
    Neutral Citation Number: [2024] EWHC 942 (KB)Case No: KB-2022-004388 In the High Courts of JusticeKing’s Bench Division 24 April 2024 Before: Mr Justice Chamberlain Between: Andrew Hale-Byrne -v- Secretary of State for Business and Trade Secretary of State for Foreign, Commonwealth and Development Affairs The post Andrew Hale-Byrne -v- Secretary of State for Business and Trade and another appeared first […]
  • King’s College Hospital NHS Foundation Trust -v- R and others
    Neutral Citation Number: [2024] EWHC 910 (FAM)Case Number: Fd23p00605 In the High Court of JusticeFamily Division 23 April 2024 Before:Mr Justice Poole Re NR (a Child: Withdrawal of Life SustainingTreatment) Between:King’s College Hospital NHS Foundation Trust-v-(1) Mrs R(2) Mr R(3) Nr (by His Children’s Guardian) The post King’s College Hospital NHS Foundation Trust -v- R and others appeared first on […]

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

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Categories
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.

Conclusion

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.

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

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Categories
Legal Professionals

Barristers

Barristers

A barrister is anyone who has been Called to the Bar in England and Wales. For a barrister to offer a full range of legal services (including what are known as “reserved legal activities”) a barrister must also be authorised to practise. These barristers are recorded on the Barristers’ Register which records their practising status and address, the reserved legal activities they are authorised to undertake and whether they have been the subject of any disciplinary findings.

Barristers who are not authorised to practise are allowed to provide a more limited range of legal services but they must not refer to themselves as barristers in doing so.

Called to the Bar is the symbolic barrier separating the public from those admitted to the well of the Court.

Role of a Barrister

A barrister is a legal professional who specializes in court advocacy and provides independent legal advice to clients. Here are key points about their role:

  • Court Advocacy: Barristers represent clients in court proceedings, both in defense and prosecution. They present arguments, cross-examine witnesses, and make legal submissions.
  • Independent Advice: Clients can directly instruct barristers without involving a solicitor. Barristers offer expert advice on case merits, potential outcomes, and legal strategies.
  • Self-Employed: Most barristers are self-employed and work from chambers. However, some may work in government agencies or private organizations.

Practice Areas

Barristers work across various legal practice areas. Some common ones include:

  • Criminal Law: Representing clients in criminal trials, appeals, and sentencing hearings.
  • Family Law: Handling divorce, child custody, and financial disputes.
  • Commercial Law: Advising on business contracts, disputes, and corporate matters.
  • Employment Law: Dealing with workplace disputes, discrimination claims, and employment contracts.
  • Personal Injury: Representing clients in accident claims and compensation cases.
  • Property Law: Assisting with property transactions, disputes, and landlord-tenant matters.

Qualifications

To become a barrister in England and Wales, follow these steps:

  1. Qualifying Law Degree: Obtain an LLB Law degree or a non-law degree followed by a conversion course (such as the Postgraduate Diploma in Law or Master of Arts in Law).
  2. Bar Practice Course (BPC): Complete the BPC, a postgraduate course that prepares graduates for barrister practice. Passing the BPC is a prerequisite for the final stage of training called pupillage.

Essential Skills

Barristers need a diverse skill set:

  • Communication: Ability to interact with various people effectively.
  • Analytical Thinking: Logical approach to problem-solving.
  • Advocacy: Representing clients’ interests persuasively in court.
  • Attention to Detail: Crucial for legal research and case preparation.
  • Time Management: Juggling multiple cases efficiently.
  • Commercial Awareness: Understanding business and industry contexts.

In summary, barristers are legal advocates who specialize in court representation and provide vital legal advice. Whether in criminal trials, family disputes, or commercial matters, their expertise ensures justice and fairness in the legal system.

Check out our articles on Direct Access Barristers, Four Inns of Court, Bar Standards Board, Bar Standards Board Justice ?, Solicitors, Rule of Law and the highly questionable Sussex Family Justice Board.

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Categories
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.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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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.

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.

Check out our articles on Barristers, Direct Access Barristers, Bar Standards Board, Bar Standards Board Justice ?, Solicitors, Rule of Law and the highly questionable Sussex Family Justice Board.

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Categories
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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Legal Professionals

Direct Access Barrister

Direct Access Barrister

A Direct Access Barrister, also known as a Public Access Barrister, enables members of the public to directly instruct a qualified barrister without the need for an intermediary such as a solicitor. This scheme provides individuals and companies with a more accessible and cost-effective way to seek legal advice and representation.

The Direct Access Scheme

The Direct Access Scheme allows clients to bypass the traditional route of engaging a solicitor and directly engage a barrister. Here’s what you need to know:

  • Instructing an Authorised Barrister: Under this scheme, you can instruct an authorised barrister directly. These barristers are qualified and regulated by the Bar Standards Board (BSB).
  • Scope of Services: A direct access barrister can provide a range of legal services, including:
    • Expert legal advice on case merits and potential outcomes.
    • Assistance with drafting correspondence.
    • Drafting statements from litigants and witnesses.
    • Preparing formal court documents.
    • Advising on suitable experts and drafting instructions to expert witnesses.
    • Guidance on the next steps in legal proceedings.
    • Assistance in resolving your case.
    • Representation in court.
  • Limitations: Most direct access barristers do not conduct litigation. Therefore, the day-to-day management of your case remains your responsibility.

Eligibility and Legal Aid

Here are some important points regarding eligibility and legal aid:

  • Legal Aid Exclusion: Direct access barristers cannot undertake publicly funded (legal aid) work. If you believe you qualify for legal aid, you can check your eligibility using the Legal Aid Eligibility Calculator.
  • Privately Funded Basis: If you are eligible for legal aid but prefer direct access, you can still instruct a barrister on a privately funded basis.

Benefits of a Direct Access Barrister

Why choose a direct access barrister?

  • Cost Savings: By eliminating the need for a solicitor, you can save on legal fees.
  • Control and Efficiency: You have direct control over your case, allowing for efficient communication and decision-making.
  • Specialist Advice: Direct access barristers often specialize in specific areas of law, providing tailored expertise.

Using the Direct Access Portal

The Direct Access Portal (DAP), launched in March 2022, offers an improved process for finding suitable direct access barristers. Run by the Bar Council, the DAP ensures that all listed barristers meet the necessary qualifications and standards.

  • Search and Contact: Use the DAP to search for and contact specialist barristers directly.
  • Complaints: The DAP does not handle complaints against barristers. If you have a complaint, contact the barrister directly and request their complaints procedure or contact the Bar Standards Board.

In summary, direct access barristers empower individuals and businesses to access legal services efficiently, while maintaining control over their cases.

Whether you need advice, representation, or assistance, a direct access barrister offers a transparent and accessible path to justice.

Check out our articles on Barristers, Four Inns of Court, Bar Standards Board, Bar Standards Board Justice ?, Solicitors, Rule of Law and the highly questionable Sussex Family Justice Board.

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Judiciary

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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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.

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