Nobody Knows

The Brexit nonsense drags on. There is now an argument in which some claim that the government should disclose the detailed legal advice it has received about the legal effect of the proposed future basis of the UK’s relationship with the UK. The demands for such disclosure are being made most strongly by politicians who implacably oppose the “deal” so there seems little point in disclosing the advice.

Nevertheless, we must bear in mind another point. The whole of law is founded on the principle that nobody knows; Continue reading

The first thing we do, let’s kill all the lawyers

When Jack Cade in Shakespeare’s Henry VI part 2 is offering his credentials as a King  to urge a rebellion against the King the policies Cade offers are very modest. Seven halfpenny loaves of bread will only cost a penny under his regime a three hooped pot (used for measuring how much each drinker should drink out of a common vessel) shall have ten hoops; it will be a felony to drink small beer, money will be abolished (so buying bread for a halfpenny would not be possible) and everyone will dress in one livery. Dick the Butcher one of Cade’s violent henchmen) offers that the first thing to be done is to kill all the lawyers, and Cade responds that he means to do that.

Cade never achieved power and every politician, whether democratically elected or whether a tyrant or autocrat has never killed all the lawyers but used them in exactly the same way that all people use lawyers – to further their own ends be it for good or for bad.

 

Civil Litigation

We need justice and people need to think that the legal system provides justice, more or less.

Last year at was assisting in a trial in Nuremberg in Germany. It was a strange experience for a lawyer you has for the past forty five years been practicing in a common law jurisdiction. Continue reading

Honesty and Integrity

When I applied for admission to the roll of solicitors in 1974 it was a requirement that applicants be interviewed by a panel of the Law Society. At my interview I was asked what the two most important qualities were of a solicitor. I replied that I thought honesty and integrity were the most important qualities. The panel asked me what was the difference between honesty and integrity. Continue reading

The Crime of Assisting in Evasion of Foreign Tax

Hundreds of volumes of our laws are written to ensure that the government may successfully collect taxes. A large amount of people are employed in collecting those taxes. Whole industries have been created about the collection of taxes and about the avoidance of taxes.

Under new laws that came into force on 30 September 2017 two new criminal offences have been created, dealing respectively with facilitating the evasion of UK tax or the evasion of foreign tax. These offences can be committed by those working in these tax industries. Continue reading

Problem Solving

Many people like puzzles. They become expert in crosswords or sudoku or similar recreations, which can be a pleasant way to spend time, but real life legal puzzles are not an entertainment; for those clients caught in the midst of a legal puzzle they endure great stress. Most people who find themselves being sued or having to sue never, when they started on a course of business or a relationship, envisaged that it would end in tears. They suddenly, and these things often happen suddenly, discover that their life’s work is at risk, and the stress of many thousands of hours being wasted. Continue reading

Making Too Many laws

In ancient times people started with custom, a way of doing things, which morphed into law. As people developed, so law developed. In some places custom became precedent, and frequently whole bodies of precedent were turned into codified laws. Continue reading