http://www.tutor2u.net/blog/index.php/law/ en tutor2u.net Copyright 2012 2012-01-24T17:06:26+00:00 http://www.tutor2u.net/blog/index.php/law/comments/new-moj-site http://www.tutor2u.net/blog/index.php/law/comments/new-moj-site#When:17:06:26Z The Open Justice website is now a great resource for students to use on sentencing and, amongst other things, the proposed changes to the criminal and civil court systems.And of course there’s fab sentencing resource You Be the Judge... LAW IN THE NEWS, Civil cases, Criminal courts, Sentencing, The Judiciary, 2012-01-24T17:06:26+00:00 http://www.tutor2u.net/blog/index.php/law/comments/jury-trial-under-threat-again http://www.tutor2u.net/blog/index.php/law/comments/jury-trial-under-threat-again#When:16:22:29Z It looks like the latest victim of government cuts could be the right to trial by jury for some offences that are currently triable either way. This follows a report from the Commissioner of Victims of Crime, Louise Casey, and also follows the swift justice meted out to the rioters of summer 2011. Although jury trial itself will stay, according to the government, we may see a reduction in the number of either-way offences together with an increase in the sentencing powers of Magistrates. The proposal is much criticised, including this article and also a piece by famed QC Michael Mansfield, who calls the proposals “pathetically predictable”. Plenty for your AS students to get their teeth into! 2012-01-17T16:22:29+00:00 http://www.tutor2u.net/blog/index.php/law/comments/r-v-dobson-norris http://www.tutor2u.net/blog/index.php/law/comments/r-v-dobson-norris#When:17:44:19Z Mr Justice Treacy’s sentencing remarks in the Stephen Lawrence case are now available to view. A fantastic source to give to the students - ask them to identify aggravating and mitigating factors referred to by the judge. The BBC also have a good clip here from an interview prior to the sentences being passed in which a barrister explains how the judge will approach matters. It’s also useful for illustration of the impact of Schedule 21 of the Criminal Justice Act 2003 on sentencing for murder - as the offence in question was prior to this, the Act does not apply to Dobson and Norris. A high profile case and a topic which should also provoke discussion of the aims of sentencing. See below for a brief video clip! 2012-01-04T17:44:19+00:00 http://www.tutor2u.net/blog/index.php/law/comments/a-christmas-contract http://www.tutor2u.net/blog/index.php/law/comments/a-christmas-contract#When:08:29:25Z The fab The Bizzle has the following correspondence for us in respect of an Agreement for the Delivery of Presents. Something to brighten our mood as we mark endless mocks…. 2011-12-13T08:29:25+00:00 http://www.tutor2u.net/blog/index.php/law/comments/quality-problems-for-the-judiciary http://www.tutor2u.net/blog/index.php/law/comments/quality-problems-for-the-judiciary#When:15:18:51Z Barristers continue to do very nicely, thank you; at least at the commercial bar, where earnings in the region of £500,000 are average, and pupils are paid £65,000. However, this in turn raises the question of the impact on recruitment of quality personnel to the ranks of the judiciary, with the Chancery Division of the High Court particularly affected. it’s probably not a good idea to mention this problem to any friends of yours at the tougher end of the criminal bar…. Another problem affecting the judiciary relates to selection of judges, and the use of veto by the Lord Chancellor - Ken Clarke, a politician, has blocked the appointment of two of the Judicial Appointment Commission’s choices for tribunal members this year, with obvious implications for judicial independence and the separation of powers.Not much point having an independent Commission if this is going to happen, you may well think. Two stories with interlinked themes in terms of their impact on the judiciary for your students to ponder, with plenty of insight for evaluation purposes. 2011-12-08T15:18:51+00:00 http://www.tutor2u.net/blog/index.php/law/comments/rainy-sky-v-kookmin-bank http://www.tutor2u.net/blog/index.php/law/comments/rainy-sky-v-kookmin-bank#When:21:22:55Z Fab case name, and a helpful point for A2 Contract Law students considering construction. It is well established that, in constructing the meaning of a term, the Court will take an objective approach - they will look through the eyes of the reasonable man, assuming relevant background knowledge. In this case, the Supreme Court follows the reasoning in Schuler v Wickman. Rather than only departing from the above test only where it produces a result so extreme as to suggest it was unintended, where there are two alternative meanings, the Court will prefer the one that makes business sense, as per Lord Clarke: If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.. This is also a relatively short and digestible judgment for more able students to have a look at. 2011-12-07T21:22:55+00:00 http://www.tutor2u.net/blog/index.php/law/comments/ecj-rules-on-stem-cell-research http://www.tutor2u.net/blog/index.php/law/comments/ecj-rules-on-stem-cell-research#When:07:15:16Z The ECJ has ruled that it is not permissible to patent the results of stem cell research within the EU. To do so the Court interpreted a Directive banning research that prohibits research resulting from the destruction of a human embryo widely, Article here. A good example of the work of the ECJ in interpreting Directives, and of statutory interpretation. The decision also poses questions from a law and morals standpoint. Will it drive research funding and jobs outside the EU, or is it an important step in preventing the privatisation of such knowledge for commercial gain? 2011-12-06T07:15:16+00:00 http://www.tutor2u.net/blog/index.php/law/comments/the-solar-system-of-the-courts http://www.tutor2u.net/blog/index.php/law/comments/the-solar-system-of-the-courts#When:07:22:16Z This is a fantastic interactive resource for illustrating flows through the criminal justice system. 2011-11-29T07:22:16+00:00 http://www.tutor2u.net/blog/index.php/law/comments/lay-or-dj http://www.tutor2u.net/blog/index.php/law/comments/lay-or-dj#When:07:02:40Z Are professional District Judges better than lay Magistrates? This article is perfect, based on the MoJ’s recent report. Fewer differences than you might think, apparently… perhaps get your students to list the comments on lay magistrates and District Judges made in the article, and use them for a debate! There’s also some welcome criticism here of the old Auld report proposals for a new middle level of Court between Mags and Crown. 2011-11-18T07:02:40+00:00 http://www.tutor2u.net/blog/index.php/law/comments/a-single-european-contract-law http://www.tutor2u.net/blog/index.php/law/comments/a-single-european-contract-law#When:10:02:39Z The European Commission is currently consulting on this idea, which EU Justice Minister Viviane Reding describes as “an historic opportunity to drive economic growth by easing the cost of cross-border transactions” and an opportunity to “make a quantum leap towards a more European contract law.” A full range of options is on the table, from non-binding model rules to implementation via Directive or Regulation, or even as part of a fully-fledged European Civil Code, which would doubtless require a new Treaty. Not everyone sees this idea as a boon, however.  Ken Clarke has described it as an “Esperanto fallacy” and the idea is opposed by, amongst others, the Law Society, who are alive to the potential threat to UK legal firms posed by a potential European Civil Code. This story is just full of material for law students. For example: 2011-10-31T10:02:39+00:00 http://www.tutor2u.net/blog/index.php/law/comments/sentencing-stats http://www.tutor2u.net/blog/index.php/law/comments/sentencing-stats#When:10:39:08Z The Sentencing Council have released stats for Crown Court sentencing from October 2011-March 2012. Some intersting stats to use with your students on sentencing - for example: 2011-10-28T10:39:08+00:00 http://www.tutor2u.net/blog/index.php/law/comments/podcast-public-inquiries http://www.tutor2u.net/blog/index.php/law/comments/podcast-public-inquiries#When:09:47:43Z This is a great podcast by the BBC’s Law in Action team on public inquiries - including, topically, the inquiry into the Hillsborough disaster, and featuring some scathing criticism from Lord Falconer. Good material on miscarriages in particular and inquiries generally. 2011-10-27T09:47:43+00:00 http://www.tutor2u.net/blog/index.php/law/comments/the-supreme-court-video http://www.tutor2u.net/blog/index.php/law/comments/the-supreme-court-video#When:06:25:56Z This is a fab video on how Supreme Court Justices reach their decisions, straight from the Justices themselves: 2011-10-26T06:25:56+00:00 http://www.tutor2u.net/blog/index.php/law/comments/do-we-need-more-pupillages http://www.tutor2u.net/blog/index.php/law/comments/do-we-need-more-pupillages#When:05:44:37Z Thought provoking article by Zoe Saunders in The Lawyer on the continuing popularity of the BPTC despite the fact that the number of pupillages continues to fall. An expensive gamble at £10-15,000 per course… (via CharonQC). A good example for AS students of the uphill battle facing prospective barristers. 2011-10-26T05:44:37+00:00 http://www.tutor2u.net/blog/index.php/law/comments/A-must-read http://www.tutor2u.net/blog/index.php/law/comments/A-must-read#When:18:51:59Z This is just a fantastic article for AS Law students on the Supreme Court, Appeals, Dissenting Judgments, Parliamentary Sovereignty, the Rule of Law… and the force of nature that is Lady Hale. Who will the new President of the Supreme Court be when Lord Phillips retires? Unusually for the interweb, the comments are excellent too. Someone even mentions Factortame! 2011-10-11T18:51:59+00:00 http://www.tutor2u.net/blog/index.php/law/comments/self-defence1 http://www.tutor2u.net/blog/index.php/law/comments/self-defence1#When:11:19:28Z I don’t blog about Criminal Law that often, probably because I teach Contract at A2. However this story on that tabloid favourite, self defence, seems too good to miss… Talkinf of which, there’s a cracking summary of the law in this area here by reknowned academic Gary Slapper. 2011-10-07T11:19:28+00:00 http://www.tutor2u.net/blog/index.php/law/comments/the-ecj http://www.tutor2u.net/blog/index.php/law/comments/the-ecj#When:06:02:58Z is of course the highest Court in the English Legal System. This week has seen a nice example of the ECJ creating a precedent that will change matters across the continent. I’m talking, of course, about the ruling on satellite broadcasting of Premier League football brought by a Portsmouth landlady. Although the impact of the case is likely to be limited to permitting the private use of foreign broadcasts, the ruling will pose challenges to the Premier League’s ability to negotiate TV deals within individual EU states on the basis of exclusivity. A good example of the ECJ’s influence in areas such as competition law. See below for a video clip! 2011-10-05T06:02:58+00:00 http://www.tutor2u.net/blog/index.php/law/comments/modern-legal-apprenticeships http://www.tutor2u.net/blog/index.php/law/comments/modern-legal-apprenticeships#When:17:45:00Z As AS Law students will no doubt be about to learn, a legal education can be an expensive business when you factor in the cost of a degree as well as GDL/LPC/BVC depending on your chosen route into the profession. Perhaps it’s not too surprising then to see that lawyers themselves are now arguing that the time is right for a new route into the profession in the form of Modern Legal Apprenticeships. Strangely, these almost hark back to the old days of doing your “articles” by on-the-job training. For an example, see the scheme run by prestigous firm Pinsent Masons in conjunction with ILEX - so a route to qualifying as a legal exec, but into commercial law and with the chance of a training contract always there… 2011-09-27T17:45:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/no-more-referral-fees http://www.tutor2u.net/blog/index.php/law/comments/no-more-referral-fees#When:06:54:00Z Interesting news on the legal funding front as the practice of paying referral fees, whereby insurance companies, breakdown firms or car repairers sell on information to claimant solicitors, is to go. The government (and industry figures) reckon it is pushing up premiums and encouraging compensation culture (if such a thing exists….). Ths, together with the Legal Aid and Sentencing Bill which will require any success fee to be paid by the claimant rather than the defendant, amounts to a radical shift in approach which may eliminate some spurious claims. Let’s hope that cases of genuine injury are not put off claiming damages where they are due, however. 2011-09-09T06:54:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/on-duty http://www.tutor2u.net/blog/index.php/law/comments/on-duty#When:15:58:00Z Cracking article here on what it’s like to be a duty lawyer at a police station. A good way to illustrate that being a solicitor can be a surprisingly varied job - contrast this experience with that of, say, someone working on deals in the City… or a family lawyer involved in divorce and custody battles. The article itself is a rich source for AS law students, featuring mention of PACE, an example of an EU Directive, and also mention of the new Legal Aid Bill currently going through Parliament, which places the role of the duty lawyer under threat - in itself a great point for debate! 2011-09-07T15:58:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/sentencing-live http://www.tutor2u.net/blog/index.php/law/comments/sentencing-live#When:18:49:00Z It looks as if the government are set to announce that sentencing (in the wake of the riots, presumably) is to be televised in future - although not the trial process itself. Nice link to the sentencing aim of denunciation. Let’s hope judicial reasoning behind sentences passed is covered properly too…! 2011-09-05T18:49:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/bonkers-bye-laws http://www.tutor2u.net/blog/index.php/law/comments/bonkers-bye-laws#When:16:30:00Z The top 10 craziest by-laws have been named by Sutton Council as part of a battle against bureaucracy. My favourite is: The person having control of a steam-powered whirligig will bring it to a standstill if a person becomes ill. No more whirligigging for me then when people start looking queasy…. A nice way to brighten up this type of delegated legislation. Perhaps you could ask your students to come up with their own! 2011-08-24T16:30:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/judges-reading-the-riot-act http://www.tutor2u.net/blog/index.php/law/comments/judges-reading-the-riot-act#When:06:51:01Z Well, plenty of discussion material for law teachers as a result of the, er, aggravated shopping that went on this summer in our major cities. Magistrates advised by clerks to toughen up… sentencing guidelines on the back burner… certainly food for thought. The riots are a clear example of an aggravating factor, but does this justify apparently inconsistently harsh sentencing? Yes, according to top Manchester judge Andrew Gilbert QC, who stated that it was “perfectly proper” to depart from sentencing guidelines in the circumstances. And depart they have - with sentences on average 25% tougher than normal and 70% of offenders jailed compared to a normal rate of 2% in the Magistrates’ Court. Is he right, or do such sentences ultimately undermine public confidence in the fairness of the system? Former DPP Lord Macdonald thinks we need new guidelines for such situations - there’s a good discussion on Thursday’s Today Programme. Also a good topic to prompt debate on competing sentencing objectives. Is this deterrence, or retribution? Is either approach the right one? 2011-08-19T06:51:01+00:00 http://www.tutor2u.net/blog/index.php/law/comments/a-landmark-case-for-the-jury http://www.tutor2u.net/blog/index.php/law/comments/a-landmark-case-for-the-jury#When:10:12:00Z New ground broken in the last week as a Crown Court judge dismissed a “nobbled” jury and convicted four defendants accused of benefit fraud to the tune of £112,000. Recorder Caroline English sitting at Wood Green Crown Court became the first judge to make use of powers under s46 Criminal Justice Act 2003 to dismiss the jury where the judge is satisfied that jury tampering has taken place and that it is fair to continue without the jury. The thin end of the wedge for jury trial, or a sensible way of avoiding the costs of a retrial? A good case to get students thinking about balancing liberty with other considerations, and the strengths and weaknesses of jury trial. 2011-07-20T10:12:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/sentencing-reform-podcast http://www.tutor2u.net/blog/index.php/law/comments/sentencing-reform-podcast#When:18:53:00Z BBC Radio 4’s Law in Action is always a good source of accessible legal analysis and a good way to deliver up-to-date content in a different way to your students. For example, you can listen to a podcast on the likely impact Ken Clarke’s sentencing reforms here. A great starter to a debate on sentencing theory and competing objectives such as public protection and rehabilitation - including a great bit with Ken Clarke in his usual relaxed tones explaining his justification for discounting sentences based on an early guilty plea after about 5 minutes. 2011-07-08T18:53:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/bribery-act-in-force-1-july http://www.tutor2u.net/blog/index.php/law/comments/bribery-act-in-force-1-july#When:17:14:00Z A nice example of commencement - the Bribery Act came into force on 1st July 2011, having received the Royal Assent on 8 April 2010. It also happens to be an example of a consolidating piece of legislation, and creates new offences, including bribery of a foreign official. Guidance from the MoJ is available here. There will also be some interesting issues of statutory interpretation arising from the part of the Act referring to “carrying on a business” in relation to corporate offences under the Act. 2011-07-07T17:14:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/poor-set-to-suffer-most-from-legal-aid-cuts http://www.tutor2u.net/blog/index.php/law/comments/poor-set-to-suffer-most-from-legal-aid-cuts#When:14:54:00Z ... so says Supreme Court judge Lady Hale, highlighting concerns about the extent of the impact of the cuts on access to justice. With 18 law Centres due to close and most areas of civil work removed from legal aid, she appears to have a point. Also a nice example of the passage of a Bill through Parliament - the government’s Legal Aid, Sentencing and Punishment of Offenders Bill has its second reading tomorrow. 2011-06-28T14:54:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/jury-trial-and-the-internet http://www.tutor2u.net/blog/index.php/law/comments/jury-trial-and-the-internet#When:10:06:00Z The case of juror Joanne Fraill, who has admitted contempt of court in looking up a defendant in the case she was hearing, is a great way to start a debate on the relevance (or otherwise) of juries in the internet age. Video is below! 2011-06-16T10:06:00+00:00 http://www.tutor2u.net/blog/index.php/law/comments/government-set-to-axe-sentencing-reforms http://www.tutor2u.net/blog/index.php/law/comments/government-set-to-axe-sentencing-reforms#When:11:29:01Z We have previously mentioned Ken Clarke’s planned sentencing reform - an attempt to save money by adopting more liberal penal policy, effecitvely. One particularly unpopular aspect of this has been the plan to offer sentencing discounts of up to 50%for an early guilty plea. According to papers such as the Independent, this proposal looks likely to be dropped as it doesn’t play well with voters or the Conservative party. As the Indy notes, this will inevitably place further pressure on othe parts of the justice system. Still deeper cuts to legal aid or the Courts Service? Watch this space… 2011-06-08T11:29:01+00:00 http://www.tutor2u.net/blog/index.php/law/comments/asian-people-42-times-more-likely-to-be-stopped-and-searched http://www.tutor2u.net/blog/index.php/law/comments/asian-people-42-times-more-likely-to-be-stopped-and-searched#When:12:27:01Z ...so says The Guardian, which has seen official figures of the use of stop & search under s7 Terrorism Act (2000) at ports and airports without reasonable suspicion. Of course stop and search in the street under the Terrorism Act has been ruled unlawful by the ECHR - will this follow? Community groups are alleging that the police are using the power to pressure people into spying on the Muslim community - video of one person’s experience here. Lots of issues for discussion around the extent of police powers and the rule of law! 2011-05-24T12:27:01+00:00