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International Edition

Two sides to freedom

It is now two-and-a-half years since the Freedom of Information Act 2000 (FOIA) came fully into force, and it is now very much in the media spotlight. Should a breakdown of MPs' travel expenses be accessible to the general public? To what extent should the formulation of government policy take place in a 'safe space' free from public scrutiny? Should the BBC be required to disclose an internal report examining whether it was biased in its reporting of the Israeli-Palestinian conflict? All of these issues have been considered recently by the Information Commissioner and by the Information Tribunal (which hears appeals from the Commissioner's decisions). They have also been the subject of wider debate among politicians and in the media. They raise an issue that lies at the very heart of FOIA: at what point does a requirement for openness and transparency by public authorities begin to threaten the effective operation of those same authorities?
7 minute read

International Edition

Judicial watchdog debuts disciplinary figures

Sixteen holders of judicial office have been removed from their posts in the last year, with a further 16 being subject to alternative disciplinary action, according to figures published by the Office for Judicial Complaints (OJC). The first annual report of the OJC shows the body received 1,674 complaints between April 2006 and March 2007 against judges, coroners, tribunals and magistrates in England and Wales.
2 minute read

International Edition

3VB's Malek named new COMBAR chair

The Commercial Bar Association (COMBAR) has appointed Ali Malek QC of 3 Verulam Buildings its new chairman, the body announced today (20 July). Malek - who replaces 3-4 South Square's Robin Knowles QC in the role - clinched the post after standing unopposed in an election at COMBAR's annual general meeting.
1 minute read

International Edition

Slaughters and Rabinowitz in key Lords tax win

Slaughter and May has advised on a landmark tax ruling that will see hundreds of businesses receive millions in compensation from the UK Revenue & Customs (HMRC). The firm secured victory yesterday (18 July) after a 12-year battle when the Lords ruled that companies wrongly charged advance corporation tax (ACT) should be able to recover interest on the sum on a compound interest rate rather than a lower flat rate.
2 minute read

International Edition

Michael Todd QC: Raising the Chancery Bar

The demand for Chancery expertise both on the Bench and at the Bar is buoyant. The Chancery Division of the High Court, comprising the Chancellor of the High Court and 17 Chancery High Court judges, does more work than the civil side of the Queen's Bench Division, and about three times more than the Commercial Court and the Technology and Construction Court combined. In addition, a substantial amount of Chancery business is transacted in the County courts.
4 minute read

International Edition

Bar Council action group eyes constitutional reform

The Bar Council is launching three groups to respond to the Government's 'Governance of Britain' Green Paper, the body was announced today (18 July). The groups, which will be set up by Bar Council chairman Geoffrey Vos QC in the coming months, will look at constitutional issues and the proposed Bill of Rights & Duties; the role of the Attorney General; and the promotion of greater awareness of citizenship, especially among younger people.
2 minute read

International Edition

JAC ombudsman unveils first annual report

The Judicial Appointments & Conduct Ombudsman has published his first annual report, setting formal performance targets for next year and revealing a funding surplus of more than £100,000 for the last 12 months. In his report, published today (17 July), Sir John Bridgstocke - who has responsibility for dealing with complaints about judges' conduct and appointments to the judiciary - said the body had responded to 91% of complainants within five working days and had kept customers informed on a monthly basis in 82% of cases.
2 minute read

International Edition

Justice Smith referred to judicial complaints body

Mr Justice Peter Smith faces an official investigation after refusing to stand down from a case over which he was presiding. The Lord Chief Justice, Lord Phillips, with the agreement of the Lord Chancellor, referred Smith to the Office of Judicial Complaints (OJC) after he refused to stand down from Howell and ors v Lees-Millais and ors even though an application had been lodged for him to do so.
1 minute read

International Edition

Bar Council consults on wig-free civil court plan

The Bar Council is to launch a consultation on plans to scrap wigs and introduce simplified gowns in civil proceedings that would end a centuries-old tradition. The move comes in response to the announcement by the Lord Chief Justice yesterday (12 July) that judges and lawyers in civil cases will wear less elaborate gowns from 1 January next year.
2 minute read

International Edition

Arbitration cost to come under CEDR microscope

The cost and speed of international arbitration will be discussed at the first meeting of the Centre for Effective Dispute Resolution (CEDR) Commission on Settlement in International Arbitration today (10 July). The meeting, which will feature representations from leading international arbitrators, mediators, academics and counsel across 25 jurisdictions, will be co-chaired by the former Lord Chief Justice Lord Woolf and Schellenberg Wittmer arbitration partner Gabrielle Kaufmann-Kohler.
1 minute read

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