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Aberdeen Student Law Review
Aberdeen Student Law Review With thanks to our sponsors Stronachs LLP July 2011 Volume 2 www.abdn.ac.uk/law/aslr THE EDITORIAL BOARD 2010 - 2011 Managing Editor Leanne Bain Editors Alice Cannon Ross Douglas Emma Fraser Stuart Lee Bruce Mangeon Fairweather Charlotte Taylor Ryan T. Whelan Jennifer White FOREWORD BY THE HON . LORD WOOLMAN SENATOR OF THE COLLEGE OF JUSTICE Has the ASLR already reached its second volume? I am delighted that the brio of those involved in launching the project has been sustained. That is evident from the table of contents for the new volume. The topics range across legal history, oil and gas law and the law of evidence. In my view, volume two confirms that the ASLR is continuing to make a significant contribution to legal learning in Scotland. Stephen Woolman July 2011 INTRODUCTION TO VOLUME TWO In 1987 Professor Erwin N Griswold, former Dean of Harvard Law School, gave an insight into the history of the Harvard Law Review, the oldest student-led law review in the world. He acknowledged: Some people are concerned that a major legal periodical in the United States is edited and managed by students. It is an unusual situation, but it started that way, and it developed mightily from its own strength.1 I firmly believe in the strength of the student law review, and it is this belief that has shaped the endeavours of the editorial team during the past year The second year of a professional publication can be as difficult as the first, and this year has certainly not been without challenge. -
John Grady 2
John Andrew Dominic Grady 1. EDUCATION/ QUALIFICATIONS LLB (Honours) 2:1. 1991 – 1995. The University of Edinburgh. I studied Intellectual Property Law, Commercial Law, Delict, Administrative Law, and Company Law at honours. I also studied Intellectual Property Law, Constitutional Law, International Relations and Economics at the University of Poitiers, from January to June 1994. Classes and examinations were held in French. Diploma of Legal Practice. 1995 – 1996. The University of Edinburgh. Post Graduate Diploma in Competition Law. 1998 – 1999. Kings College London, The University of London. 2. RELEVANT EXPERIENCE Trainee Solicitor. Wright Johnston and Mackenzie . September 1996 to August 1998. As a trainee I had seats in the Private Client, Commercial Property, Corporate and Litigation Departments of the Firm. Assistant then associate. Shepherd + Wedderburn. August 1998 – June 2004. Experience includes advising on matters including. European and UK Competition Law • Making and dealing with complaints and investigations under EC and UK Competition Law. • Competition Law aspects of mergers, acquisitions and joint ventures. • Competition Act compliance programmes. • Clearance of significant contractual arrangements under EC and UK regulatory rules through the EC Commission, the Department of Trade and Industry and other regulatory and government bodies. Public and regulatory law • Judicial review of government and regulatory decisions including in respect of determinations of utility regulators, such as the Gas and Electricity Markets Authority. • Advising on enforcement actions by regulators such as the Gas and Electricity Markets Authority. This included regulatory action that could lead to significant multi million pound fines. • The drafting of new legislation and regulations. • Regulatory reforms in the energy sector, including key aspects of the restructuring of a major Scottish plc pursuant to EC and UK legislation. -
Common Law Fraud Liability to Account for It to the Owner
FRAUD FACTS Issue 17 March 2014 (3rd edition) INFORMATION FOR ORGANISATIONS Fraud in Scotland Fraud does not respect boundaries. Fraudsters use the same tactics and deceptions, and cause the same harm throughout the UK. However, the way in which the crimes are defined, investigated and prosecuted can depend on whether the fraud took place in Scotland or England and Wales. Therefore it is important for Scottish and UK-wide businesses to understand the differences that exist. What is a ‘Scottish fraud’? Embezzlement Overview of enforcement Embezzlement is the felonious appropriation This factsheet focuses on criminal fraud. There are many interested parties involved in of property without the consent of the owner In Scotland criminal fraud is mainly dealt the detection, investigation and prosecution with under the common law and a number where the appropriation is by a person who of statutory offences. The main fraud offences has received a limited ownership of the of fraud in Scotland, including: in Scotland are: property, subject to restoration at a future • Police Service of Scotland time, or possession of property subject to • common law fraud liability to account for it to the owner. • Financial Conduct Authority • uttering There is an element of breach of trust in • Trading Standards • embezzlement embezzlement making it more serious than • Department for Work and Pensions • statutory frauds. simple theft. In most cases embezzlement involves the appropriation of money. • Crown Office and Procurator Fiscal Service. It is important to note that the Fraud Act 2006 does not apply in Scotland (apart from Statutory frauds s10(1) which increases the maximum In addition there are a wide range of statutory Investigating fraud custodial sentence for fraudulent trading to offences which are closely related to the 10 years). -
Student Days at the Inns of Court
STUDENT DAYS AT THE INNS OF COURT.* Fortescue tells us that when King John fixed the Court of Common Pleas at Westminster, the professors of the municipal law who heretofore had been scattered about the kingdom formed themselves into an aggregate body "wholly addicted to the study of the law." This body, having been excluded from Oxford and Cambridge where the civil and canon laws alone were taught, found it necessary to establish a university of its own. This it did by purchasing at various times certain houses between the City of Westminster, where the King's courts were held, and the City of London, where they could obtain their provisions. The nearest of these institutions to the City of London was the Temple. Passing through Ludgate, one came to the bridge over the Fleet Brook and continued down Fleet Street a short distance to Temple Bar where were the Middle, Inner and Outer Temples. The grounds of the Temples reached to the bank of the Thames and the barges of royalty were not infrequently seen drawn up to the landing, when kings and queens would honor the Inns with their presence at some of the elaborate revels. For at Westminster was also the Royal Palace and the Abbey, and the Thames was an easy highway from the market houses and busi- ness offices of London to the royal city of Westminster. Passage on land was a far different matter and at first only the clergy dared risk living beyond the gates, and then only in strongly-walled dwellings. St. -
Careers at the Chancery Bar
Careers at the Chancery Bar With the right qualifications, where you come from doesn’t matter, where you’re going does. “if you are looking for a career which combines intellectual firepower, communication skills and the ability to provide practical solutions to legal problems, then your natural home is the Chancery Bar” 2 Chancery Bar Association Chancery Bar Association 1 Welcome to the Chancery Bar Do you enjoy unravelling the knottiest of legal problems? Would you relish the prospect of your appearances in court helping to develop cutting-edge areas of law? How does advising major commercial concerns to put together a complex transaction appeal? Would you like to assist organisations to achieve their commercial goals, and support and guide individuals at times of great personal stress? If your answer to any of these questions is “Yes”, then the Chancery Bar may be the career for you. Barristers who specialise in the areas of property, business and finance law most closely associated with the Chancery Division of the High Court are called “Chancery barristers” and, collectively, the “Chancery Bar”. Of the 15,000 barristers practising in England and Wales, about 1,200 specialise in Chancery work. Most are based in London but there are other important regional centres, such as Birmingham, Bristol, Cardiff, Leeds and Manchester. In recent years the nature of Chancery work has changed dramatically. It still includes the important work traditionally undertaken in the Chancery Division, but the expansion and development of commercial activity, together with the increasingly complex matters that arise out of that activity, have widened its scope significantly. -
Is a Place on the Bench for You? the Basics of Becoming a Bencher …
Is a place on the Bench for you? The Basics of Becoming a Bencher …. Several BACFI members are Benchers of their respective Inns. As such we thought that BACFI members, employed and self-employed barristers alike, might like to know a little more about the historic origins of this process, and how the modern day Bencher Application process works at each Inn of Court. The Inns are very supportive of nominations and applications from Employed Barristers. As a result of this article we hope that Employed Barristers in particular wish to be Benchers. What is a Bencher? Benchers provide the governance of each of the separate Inns of Court. They are primarily comprised of Judges, QCs and Barristers, self-employed and employed, and are individuals of significant standing and/or who have made a major contribution to the work and life of their Inn. The name comes from when the most senior barristers were permitted to sit on the bench at moots. This class of barristers became known as "Benchers" or "Masters of the Bench". Currently, after being successfully elected, a Bencher receives “voice and vote” meaning that they can both speak at the highest level of meetings of Benchers and also vote and receive papers on matters that need to be decided by the Inn. What do Benchers do? Benchers, as part of the decision making structure of the Inns of Court, will be involved in the governance of the Inn (which includes all issues related to the Inn including education, training, the library, finances, admittance of student members, election of other Benchers, dining and social occasions and other issues, such as advertising). -
In Scots Law
1 When the Exception is the Rule: Rationalising the ‘Medical Exception’ in Scots Law 2 I. INTRODUCTION No medical practitioner who performs a legitimate medical operation on a patient (in the course of competently carrying out the duties of their profession)1 commits a delict or a criminal offence.2 This is so in spite of the fact that to infringe the bodily integrity of another person is plainly both a crime3 and a civil wrong.4 Notwithstanding the fact that the patient may desire the operation, the ‘defence’ of consent cannot possibly justify the serious injuries intentionally inflicted in the course of an operation to effect a kidney transplant, or to amputate a limb, or even to insert a stent, since these procedures are highly invasive and effect irreversible changes to the physicality of the patient(s).5 The ‘medical exception’ has consequently and consistently been invoked by legal commentators when considering cases of invasive surgery, or procedures which involve serious wounding.6 Since consent is no defence to serious assault,7 this exception to the general rule that to inflict such is to commit a crime must be justified by means other than an appeal to the 1 ‘Proper’ medical treatment is a prerequisite: Margaret Brazier and Sara Fovargue, Transforming Wrong into Right: What is ‘Proper Medical Treatment’?, in Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), p.12 2 See, generally, Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), passim. -
The Inns of Court and the Impact on the Legal Profession in England
SMU Law Review Volume 4 Issue 4 Article 2 1950 The Inns of Court and the Impact on the Legal Profession in England David Maxwell-Fyfe Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation David Maxwell-Fyfe, The Inns of Court and the Impact on the Legal Profession in England, 4 SW L.J. 391 (1950) https://scholar.smu.edu/smulr/vol4/iss4/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. 19501 THE INNS OF COURT THE INNS OF COURT AND THE IMPACT ON THE LEGAL PROFESSION IN ENGLAND The Rt. Hon. Sir David Maxwell-Fyfe, K.C., M.P., London, England A TTHE present day there are many eminent lawyers who have received a part, perhaps the greater part, of their legal grounding at Oxford or Cambridge or other universities, but there was a time when no legal teaching of any consequence, except in Canon and Roman law, was obtainable anywhere outside the Inns of Court. Sir Wm. Blackstone called them "Our Judicial Univer- sity." In them were taught and trained the barristers and the judges who molded and developed the common law and the principles of equity. The Inns were not in earlier times, as they are now, inhabited merely during the daytime by lawyers and students who dispersed in all directions to their homes every night. -
Forms of Liability in the Law of Delict: Fault-Based Liability and Liability Without Fault
Janno Lahe Doctor iuris, Lecturer of Civil Law, University of Tartu Forms of Liability in the Law of Delict: Fault-Based Liability and Liability without Fault Through times, the question of strictness of liability has been one of the principal problems in the law of delict. Thus there has been a search for the limit to the extent of which damage must be borne by the aggrieved party and for the point from where on the aggrieved party must be compensated for the damage by a third person, i.e. generally the tortfeasor.*1 Or, more specifically, whether a fact of causing damage is sufficient to give rise to delictual liability or the tortfeasors fault is also required for that purpose has remained a timeless question. This article is aimed at analysing what the prevailing form of liability is in delictual law and what it should be. In addition, the article will seek an answer to the question of what the trends of development are as regards the strictness of delictual liability. Understandably, this sphere of problems is specific not only to Estonia: the problems in question are topical in all legal orders. This article is divided into four subtitles: the first provides a brief review on the historical development of liability in the law of delict and the second addresses the forms of delictual liability in present-day legal orders. The third subtitle offers an analysis regarding the rationale of different forms of liability in the law of delict. The final, fourth subtitle is dedicated to exploring whether and to what extent possible developments of liability in the law of delict can be pointed out on the basis of the present tendencies. -
Legal Profession in the Middle Ages Roscoe Pound
Notre Dame Law Review Volume 19 | Issue 3 Article 2 3-1-1944 Legal Profession in the Middle Ages Roscoe Pound Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Roscoe Pound, Legal Profession in the Middle Ages, 19 Notre Dame L. Rev. 229 (1944). Available at: http://scholarship.law.nd.edu/ndlr/vol19/iss3/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. "Copyright in the Pound lectures is reserved by Dean Emeritus Roscoe Pound, Harvard Law School, Harvard University." II THE LEGAL PROFESSION IN THE MIDDLE AGES 1 PROCTORS AND ADVOCATES IN THE CIVIL AND THE CANON LAW W E have seen that in Roman law the three functions of V agency or representation in litigation, advocacy, and advice -the functions of procurator or attorney, advocate, and jurisconsult-had become differentiated and had each attained a high degree of development. Also we have seen how by the time of Justinian the jurisconsult had become a law teacher, so that for the future, in continental Europe, the advocate's function and the jurisconsult's function of advis- ing were merged and the term jurisconsult was applied only to teachers and writers. Germanic law brought back into western Europe the ideas of primitive law as to representation in litigation. Parties were required to appear in person and conduct their cases in person except in case of dependents. -
Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners
Submission by Council of The Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners 15th June 2018 TABLE OF CONTENTS PAGE PART 1: EXECUTIVE SUMMARY 3 PART 2: SCOPE OF THE CONSULTATION 5 PART 3: PUPILLAGE AND THE NEW PRACTITIONERS PROGRAMME 6 PART 4: CONTINUING PROFESSIONAL DEVELOPMENT 10 PART 5: ARRANGEMENTS TO TRANSFER BETWEEN LEGAL PROFESSIONS 15 PART 6: OBSERVATIONS AND RECOMMENDATIONS FOR THE 20 CONSIDERATION OF THE LSRA AS PART OF THIS CONSULTATION APPENDIX 1: GUIDELINES FOR MASTERS AND PUPILS 22 APPENDIX 2: CPD SCHEME RULES 23 APPENDIX 3: COMPARISONS WITH OTHER JURISDICTIONS 27 APPENDIX 4: LAW LIBRARY MEMBERSHIP TRENDS 2008 - 2018 28 2 PART 1: EXECUTIVE SUMMARY The Council of The Bar of Ireland is the accredited representative body of the independent referral Bar in Ireland, which consists of members of the Law Library and has a current membership of approximately 2,200 practising barristers. The Bar of Ireland is long established and its members have acquired a reputation amongst solicitors, clients and members of the public at large as providing representation and advices of the highest professional standards. The principles that barristers are independent, owe an overriding duty to the proper administration of justice and that the interests of their clients are defended fearlessly in accordance with ethical duties are at the heart of the independent referral bar. As it is the Honorable Society of the King’s Inns who has the responsibility for the education and training of students in order to be admitted to the degree of Barrister-at-Law, this submission will confine itself to matters relating to the ongoing professional education and training arrangements in place for newly qualified and practising barristers. -
Middle Temple Members' Guide
CE 4140 Booklet make-up v6:Layout 1 9/10/14 4:00 PM Page 1 MIDDLE TEMPLE MEMBERS’ GUIDE 2014/15 CE 4140 Booklet make-up v6:Layout 1 9/10/14 4:00 PM Page 2 THE TEMPLE WELCOME INNER TEMPLE LANE FLEET STREET Contacts Welcome to this third edition of the 1 BURNTON BUILDINGS GOLDSMITH BUILDING Middle Temple Members’ Guide, which 1A -1B 2 4 MIDDLE TEMPLE LANE i General Enquiries we have created to give you an overview 3 The Treasury Office of the services and facilities available to HARE COURT Ashley Building you as a Member, and to help you make TEMPLE CHURCH Middle Temple Lane the very most of what the Inn has to offer. London 4 BRICK CLOISTERS COURT Whether your interests lie in sponsoring 4A ESSEXi COURT5 ESSEX EC4Y 9BT PUMP COURT 9 DEVEREUXi COURT COURT T: 020 7427 4800 a student, hosting an event in our historic ESSEX COURT BRICK COURT CAR PARK buildings, dining with us, staying in our INNER TEMPLE F: 020 7427 4801 HALL PUMP COURT E: [email protected] overnight accommodation, joining our i 1 BRICK ELM COURT W: www.middletemple.org.uk fundraising programmes or one of our COURT LAMB 1 ESSEX BUILDING societies, or just obtaining contact details NEW COURT DEVEREUX CHAMBERSCOURT Estates for our departments, we hope you will find CROWN OFFICE ROW FOUNTAIN COURT T: 020 7427 4840 this Guide useful. CARPMAEL BUILDING i TUDOR STREET GATE E: [email protected] 35 ESSEX ST MIDDLE TEMPLE HALL If you are yet to become a Member, do FOUNTAIN COURT PLOWDEN Events use this Guide to get a sense of what the BUILDINGS GARDEN COURT T: 020 7427 4820 Inn offers you.