Category Archives: Featured


Freelance Advocacy Services: News and Advocacy Availability


 I have GOOD availability next week, Book via  


Strike? Garden Court chambers announces action

Recorder competition- 133 new appointments here.

Charter for Justice launch- More detail, and confirmation of speakers here I have agreed to chair the event, and look forward to seeing many of you there. 150 booked already!

Tuesday Truth- blog by Raj Chada (HJA) here.

Secret barrister Publication of new book “blows whistle on broken legal system brought to it’s knees by cuts” according to this review.

100 miles. I will be attempting to cycle the Surrey 100 in July, and attempting to raise money-please consider sponsoring me 🚲 👍

Prison riot- cuts are to blame

Prison mutiny- I have blogged about my recent experience defending in a mutiny trial HERE

Blog: why we need a Justice charter

Barristers consider action against fee cut

Petition on 28 day limit for Immigration detainees If you haven’t already, please sign our petition demanding a 28-day time limit on immigration detention. If you have, please share it far and wide.

Petition on IPP

Courts flogged off on the cheap by bungling MOJ as reported here in the Guardian. Meanwhile plans to extend court sitting in what’s left continue with the “flexible operating hours” pilot. I will attend the next user group meeting and report back.

Charter for Justice.Parts of our Justice system are broken, the rest is falling apart. Let’s try and fix it. #Charter4Justice   BOOK here

The London Advocate (LCCSA newsletter) March 2018 edition 

Nicola Hill (Kingsley Napley/LCCSA ex-Pres) runs her first marathon for a great cause. Please sponsor her here

LASPO review kicked into the long grass

Google reviews for British Courts (including Highbury) here

Music  Ignore “beast from the East 2” and Check out this SPRING playlist

Lawyer of the month: Peter Csemiczky

Peter , outstanding lawyer and member of the LCCDSA committee, has been promoted to the partnership at Hickman Rose 👍

Prison Mutiny

Three defendants were today sentenced at Winchester Crown Court to 3 years immediate custody, for taking part in a “prison mutiny” in June 2016 at HMP Erlestoke as reported here

A fourth defendant had been acquitted.

Numerous other prisoners who had participated in the disturbance had been dealt with administratively, or were charged with lesser offences.

This disturbance was one of a number of similar episodes in recent years, which many commentators have contributed to a hugely reduced prison budget, which has led to a shortage of experienced prison officers, and raised tensions for prisoners.

These recent disturbances have followed a long and predictable pattern.

The most infamous British prison riot in recent history was at Strangeways in April 1990 (One prisoner killed, and 147 prison officers and 47 prisoners injured. Much of the prison was damaged or destroyed with cost of repairs coming to £50 million)

The resulting Woolf Report found “Prisoners felt their complaints about conditions were being ignored. Remand prisoners were only allowed out of their cells for 18 hours per week, and Category A prisoners were locked in their cells for 22 hours a day, and rarely left their cells except for “slopping out“, a one-hour exercise period each day or a weekly shower”

Lord Woolf concluded that conditions in the prison had been intolerable, and recommended major reform of the prison system.

“Slopping out” has ended, but many of the other recommendations were never implemented, subsequently abandoned or now ignored. So much so, that 25 years later in 2015 Lord Woolfe warned that prisons are again at Crisis point (as reported here) and as evidenced in numerous Prison Inspectorate reports, and the annual Inspectorate report.

The IMB (Independent Monitoring Board) reports which visited Erlestoke gave an insight of the dire situation there before the disturbance. (Most recent report here)

(Erlestoke is a medium secure all-male prison with over 500 prisoners including violent offenders, sex offenders, and “lifers”. A number were “IPP” prisoners who had served longer than their sentence but with no indication as to when may be released.)

The IMB reports showed:-

-Drugs were rampant in the prison, particularly SPICE

-smuggling of tobacco

-smuggling and useage of mobile phones

-a culture of bullying

-property going “missing”

-high levels of self-harm

– a “self-inflicted death” (2015)

-high levels of mental-health issues, many unaddressed and/or untreated

-chronic staff shortages.

On the 11 June there were only 17 members of staff on duty.

As a result, there was a lock-down.

Despite what was said by the Prosecution at the outset of the trial, and then reported in local media, this was never about a “smoking ban” which had been introduced that year.

The trigger for the disturbances was the lamentable staff-shortages which caused the prison to have another unannounced lock-down, a decision that was communicated to prisoners by a note pushed under their cell doors, and communicated to staff with a note pinned to the notice-board wishing them “good luck”.

The consequences that flowed from the lock-down included:-

– being locked in cell all day, (in some cases shared cells with an open-toilet)

– no hot meals,

– no association,

– no showers

– and no calls to friends or family (one of the prisoners on trial had promised he would call his daughter. it was her birthday)

That was a systemic failure, and not the fault of the hard-working prison officers on duty.

If it does not excuse prisoner’s conduct, it does at least explain it.

Prisoners kicked off, and some broke through their doors, which were wooden.

Two ended up on the roof.

So far as the damage is concerned, it is hard to establish an accurate valuation as much of what was repaired was badly in need of repair or refurbishment anyway, including:-

-some of the showers and boilers that didn’t work,

-the huge backlog of maintenance which should have been but was not completed by Carillion,

-wooden doors on the cells which are usually seen in a prison museum rather than an operating prison.

The prison service conducted a review into the disturbance, and produced a report which they have not published and declined to provide to the Prosecution.

The two wings which were damaged are back in operation.

It will however take more than a lick of paint and new cell doors to repair what is broken in the prison system.

The real damage inflicted on the prison system is not broken windows and roof tiles, but the savage cuts to the prison budget by forever “Justice Secretary” Chris Grayling, which has left prison buildings to decay, slashed numbers of prison officers, and cut back on education and rehabilitation for those locked up.

When people , whether prisoners serving their time or sailors at sea, are treated unfairly and subjected to intolerable conditions, it will (as Captain William Bligh discovered) lead to mutiny.

Prisoners convicted of prison mutiny pay a price for their participation in disorder, and those sentenced today will now serve an additional three years to their current sentences.

But as a society we all pay the price of Government failure to tackle the prison crisis that shames this Country.

As Winston Churchill once said: “The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country. A calm and dispassionate recognition of the rights of convicted criminals against the state, a constant heart-searching by all charged with the duty of punishment, a desire and eagerness to rehabilitate, and an unfaltering faith that there is a treasure, if only you can find it in the heart of every person – these are the symbols which in the treatment of crime and criminals mark and measure the stored up strength of a nation, and are the sign and proof of the living virtue in it.

A year in the Life of the British Justice system

LASPO review kicked into the long grass

Google reviews (aka condemnation) for British Courts

Knee-jerk reaction-proposed new law to tackle the scourge of killer cyclists–report.html

Two former lord chancellors are at loggerheads over an animal welfare issue, according to the Times. Dog owner Michael Gove wants to ban collars that deliver an electric shock to pets. However, transport secretary and dimwit Chris Grayling, the worst lord Chancellor in history, reportedly relies on them to prevent his two cats from straying.

Justice Committee Disclosure Survey Results

AGFS reform and comment from The Law society

Another very rude and ignorant solicitor bullying staff

And corrupt and greedy solicitor Phil Shyster manages to further damage the reputation of human rights and legal aid lawyers with more shenanigans

More shame for our beleaguered Prison system

And the MoJ find money for PWC

New Sentencing guideline for blades and weapons published here (in force from 1st June)

(It also lists acid as a “highly dangerous weapon”, in case anyone wasn’t sure..)

HMCTS struggles desperately on with their pet ‘flexible hours” pilot project, here is another extract of illegible and incomprehensible jargon from their most recent “stakeholder newsletter”

Meanwhile, court chaos and Camberwell closed

Meanwhile, Chris Grayling, worst Lord Chancellor in history, has a different portfolio but is still incompetent thankfully those rumours of him becoming Tory Party chairman in January were inaccurate…

Another useless ex Lord Chancellor popped up this week, the lamentable Liz Trussdescribing lawyers as part of a ” blob like elite” as described inthis article.


Check out this snowy playlist ❄️☃️


William Foxsmith Obituary

Obituary for My Father

Dad (known by almost everyone as Bill) was born in Hinckley, Leicestershire on 04 February 1939 and was christened William Ernest FOX (his father’s name)

EA0641CE-8FBA-427E-85CA-BDE3D932A7B4         6BE5C5E5-75DD-49C3-9C20-081BDE639F0F
When Dad was two his father drowned, and so was brought up my his Mum Hilda (known as “H”) in rural poverty, initially staying in an alms house, for which privilege his mother had to scrub the stone floors of the church on her hands and knees. Dad was no fan of the church or organised religion. The family had moved to Dorset, and Dad with his younger brother Dick went to school in Lyme Regis. He was a fast runner, running the mile for the County and setting a school record.
He acquired a stepfather, Jack SMITH, and then another brother (Nick). Dad later combined the names FOX and SMITH and the FOX-SMITH family name was created.
Aged 16, Dad left home and went to Navigation school in Plymouth, and then joined the merchant Navy:-

A5543F99-CB94-4DAE-AF41-881FDB789726 F8346B30-F21D-4B17-A24F-67E118789C7C

For six years he travelled the World visiting the US, China, Japan and Cuba amongst other Countries. In Cuba, he was arrested and spent a night in prison. It’s a bit unclear what offence he had allegedly committed, or how he came to be released, but it was a typical escapade for Dad who loved adventure. Dad’s brother Nick has a memory of watching their mother putting pins in a world map on the kitchen wall every time they received a card from a country Dad visited when at sea.
Dad’s Mum died when he was still at sea. He was not able to return for the funeral. Over 30 years later he found a “memory box” with some keepsakes and mementoes from his sea-faring days. Not realising what it was, he began reading aloud the letter he had received from his brother Dick which broke the news of their mother’s death,and it moved him to tears. It was the only time I ever saw him cry.

Dad met Mum (Sylvia) in July 1964 and they were married in Wembury Church on 05/10/1966.

625C8F53-311B-4B8B-A6A6-DFEFB2ED21BC    20558BE4-DD82-4E2F-9950-93B7CFB85F8C
His first “land” job was selling encyclopaedias, and then he worked with Mintex (a Company selling brake and clutch linings) as a salesman and later as manager of the Plymouth depot.
He had been framing pictures- self taught – as a hobby, and now became self-employed doing that professionally.
He had also formed an interest in silhouettes, which he began collecting and became something of an expert. (He later became involved in the Silhouette Club)
Eventually he opened his shop on Southside Street, The Barbican, selling antique maps and prints. The shop “Foxsmith Galleries” was open for 20 years, and eventually closed in 2006.

Dad was renowned for his honesty and good business ethics, never broke his word or a contract, and had great integrity. His word was his bond, and most deals were done on a handshake. He disliked debt, and was beholden to nobody. He worked hard, and in order to provide for his family, put business before pleasure.
Dad loved antiques and fine art, good company and good wine.
He enjoyed classical music, which could always be heard in the basement at home where he was framing pictures, or in the shop.
He had a great sense of humour, and a good sense of adventure. He loved sailing and wind-surfing, but was equally happy to try his hand at anything adventurous from para-gliding to stock car racing to bungee-jumping.
Dad didn’t tolerate fools gladly, and disliked snobbery and pretentiousness.
He hated hypocrisy. He had no airs and graces and could mix easily in any company.
He had a wide circle of friends. Most of all he loved his family. There were three children- myself Mark and Naomi.

7DB06CF2-EF13-4605-86D6-C2FD7C82EA6F DD08BDFA-4EA1-4C50-A16B-D93AC4DF5B81
Mum and Dad first lived in a small bungalow in Staddiscombe (near Plymstock) and then moved to Alfred Street on Plymouth Hoe.
We holidayed as children in Butlins, and many years later in France,catching the ferry from Plymouth to Roscoff and driving to a campsite.

Sadness at Dads death is tempered by the happiness that he was released from the hell of his last few years. Sadly, in truth we lost Dad a few years before his passing to the cruel disease of Alzheimer’s, the early onset of which robbed him of a peaceful retirement.

Dad was a towering figure for me, and an important influence on my life.
He was there for my significant birthdays, my graduation, was a witness at my wedding, and once came to see me advocating in Court. I inherited or learned from him some qualities that have stood me in good stead as a defence lawyer-a sense of fairness, and an innate sympathy for the underdog.
I admired him very much, and am sorry that his early departure deprived his grandchildren of spending time with him, and he with them.

Dad had a great love of board games.
He taught me chess. We played for years and years before I won a game. Dad wasn’t one to let you win. But at least when I eventually did, I knew it was on merit. Winning at chess was a major surprise to me. Like many boys, I believed my father invincible, and not just in chess.

As a family we also enjoyed board  games, particularly Monopoly and Risk, which were extremely competitive but riotous fun.
I played as a child , but was aware if friends or family were staying that games would continue after I was dispatched to bed
Then the drinks would come out, and the games were a backdrop to anecdotes, stories and jokes, with the roar of raucous laughter. These are the memories that we will cherish.

Cheers Dad!


A poem for my father

In Memory of William Foxsmith RIP (04.02.41- 10.03.14)

The family were grateful for the many condolence cards, supportive messages, anecdotes and photos sent to the family.
“A vibrant and infectious zest for life (Nigel F.)
entertaining, knowledgable and fun to be around” (Matt Tiller)
He ran his business so well,always kind and courteous”(Jenni)
“No-one will forget Bill” (Vanessa J)
“Our hearts are sore at the passing of our dear friend Bill. We will always value our friendship” (Gerry and Malcolm)
I held the most tremendous admiration for Bill,his humour, stories, knowledge and skills….” (Simon B.)
we are surrounded by memories of Bill as there isn’t a room in the house that hasn’t either a picture from the Gallery or framed by Bill” (Jane and John Green)

“This card (pictured below) shows one of the many precious prints which adorn my walls and which Bill found for me”


a wonderful entertaining host!” (Viv and Brian)
A lovely human being, a delightful neighbour and friend with a great sense of fun and generosity of spirit” (Elaine and Adrian)
Bill was a fantastic man.” (Sarah and Tony)
“Bill was a delight to work for” 
“The spirit which he evoked-one of friendship, challenge and investigation” (John Pickles)

…the road from the beach (pictured below) where Bill and I walked up from the boat on so many happy occasions” (Tad)


Ros offered these lines from Shakespeare (Anthony to Cleopatra):-
the miserable change now at my end
Lament nor sorrow at,
But please your thoughts
In feeding them with these my former fortunes

An anecdote from Malcolm and Gerry:- “Bill loved sailing in Plymouth Sound after work. One evening the tide and wind took him into Mountbatten Pier, and as he had stayed out until the last minute, it had become dark and he had no choice but to land. At that time it was private, R.A.F. property, with landing prohibited. He somehow found the Officer’s Mess and entered in his wet suit [just like James Bond] and persuaded them he was not a spy. He finished at the bar with a pint telling them of his adventures!”

“We are both very sad to hear of the death of your Dad, a great friend of mine and someone I admired very much.” (Richard Walker)

24CD2B75-B3FC-491F-A8F6-08AD95919118 149E33DC-0C8A-45D9-94A2-5430BF15E1F0



Lord Chancellor David Lidington-a review

On 11 June 2017 PM Theresa May in a post-election re-shuffle appointed David Lidington as Secretary of State for Justice and Lord Chancellor. He replaced the hapless Liz Truss,  who had herself been appointed by May in a post-election re-shuffle less than a year before. Lidington was himself replaced as Lord Chancellor in Theresa May’s botched reshuffle on January 8th 2018. Lidington was the fourth consecutive non-lawyer appointment- his predecessors were Liz Truss, Michael  Gove and Grayling (widely regarded as the worst Lord Chancellor ever).

This blog reviews Lidington’s performance over his brief term of office.


David Roy Lidington CBE PC (born 30 June 1956) has been MP for Aylesbury since 1992. He was Minister of State for Europe from May 2010 to July 2016, and Leader of the House of Commons.

He was educated at a public school, before studying history at Cambridge (appearing on University Challenge)

He was given a CBE in Cameron’s widely criticised resignation honours list.

IMG_0622Expenses scandal In May 2009, it was revealed Lidington had claimed £1,300 on expenses for dry cleaning. He also claimed for toothpaste, shower gel, body spray, vitamin supplements and a second home allowance. He repaid the claims for toiletries, saying: “I accept that many people would see them as over-generous.”  So although he eventually came clean you paid for his soap 

Record in Parliament pre-appointment  (Justice issues)

Lidington voted in favour of repealing the Human Rights Act,  restricting the scope of legal aid and limiting fees paid to solicitors in no-win no-fee cases. The “they-work-for-you” website says Lidington generally voted against equal gay rights, and his record on cutting legal aid is here.

First six months

The new Lord Chancellor was sworn in on 19 June.  In the in-tray? Read anopen letter to Lord Chancellor from Joshua Rozenberg

Sort out the prison crisis! read these recommendations from the Howard League

His first official pronouncement, following the Grenfell tragedy, was on availability of legal aid in housing cases- and he got it wrong (see here)

There was then a period of calm, in a political period dominated by Brexit, we heard very little from or about the Lord Chancellor until the Party Conference in October when there were apparently conciliatory noises on LASPO reform


The crisis within the prison service has shown no signs of improvement under Lidington. The shocking number of suicides by vulnerable prisoners, murder and violent assaults by against prisoners and staff remains at high levels in crumbling, under-staffed, unsafe failing prisons. The extent of this is too great to record in this blog, and can be charted elsewhere (see eg Howard League) but of the many scathing, shameful reports I include this one from the Independent Monitoring Board into Aylesbury Prison -it is in Lidingtons constituency, so the shameful record has happened “on his watch” as local MP and Justice Sec.

The treatment of young people in custody has also remained dire and dangerous under Lidington’s watch – see this report of November 2017 

Legal Aid and funding

Under this Lord Chancellor, there was no improvement in funding for the MoJ in general or legal aid in particular, as it was revealed the department will have suffered a 40% cut in budget by 2020 (as reported in Gazette in November here)

Conclusion- a summary of Lidington’s tenure

Lidington has been the silent chancellor- we heard very little from or about him. In a Government divided by over but dominated by Brexit issues, this Lord Chancellor kept his head down. There is much to be said for that, preferable at least to failing Grayling or hapless Truss, but a failure nonetheless to tackle the big issues in his department- the chronic underfunding of the Justice system, and in particular legal aid and the prison estate. He left everything without comment to MoJ apparatchiks, who have continued with their pet projects including pilot projects on extended Court hours. He remained silent on the “disclosure scandals” that have thrown a spotlight on the sorry state of our justice system, and prisons and young offender institutions remain as overcrowded, dirty and dangerous as when he took over.

His department did however find the money to pay fat-cat consultants to advise on “digital transformation”, leaving solicitor Matt Foot to assess his legacy with this tweet “Justice Minister Lidington’s only contribution was to cut criminal legal aid by £30 mn, given to PricewaterhouseCoopers (650k profit per partner) instead

No fireworks in Islington

Remember, remember, the 5th of November,

Labour losing the plot.

Prior to the 2006 local elections, a promise was made by Islington Labour to restore the bonfire night firework display to Highbury Fields. Councillor Convery made the pledge, which was an unqualified promise, not hedged with “subject to finances”.
Post election, no fireworks.
Like fellow 2006 election promise-breaker Lib Dem Nick Clegg and his infamous reneging of the tuition fee pledge, it later turns out that this, if not a blatant lie, was more of a wish than a promise.

The Islington Gazette reported the original broken pledge back in 2010 here
Each subsequent year the promise remains unfulfilled.
And alas, in Islington there are no fireworks once again this year, just the traditional annual disappointment of another broken promise.
So the  whizz-bang election pledges by Islington Labour turned out to be no more than a damp squib, and a bonfire of the vanities.
They say it can’t be done for budgetary reasons, ignoring the fact that a properly organised display is self-financing. Other London Labour Boroughs  host successful events, and unsurprisingly the Ally Pally event in neighbouring Haringey is once again sold out.

A Playlist of songs about Islington’s firework flop here

Updated article in Gazette here


Speech at CLFS Autumn Confrence, London, 2017

I was invited (jointly with Greg Powell) to speak at this CLFS conference in the final speaker slot, on the topic of “unity, and changes ahead”

Greg Powell spoke first, lambasting the MoJ for their announcement earlier in the week that following their LGFS consultation (and despite 97% opposition) they would cap payment at 6k pages of PPE. (For non criminal legal aid lawyers, this basically is yet another cut in legal aid payments) 

The text of my speech is below:

I am now all that stands between you and the Friday evening drink, and all that stands between you and the weekend. I therefore hope to be brief.
Although probably not as much as you hope that I will be brief.

Anyway, once again I have been asked to speak on unity in the profession. This year, clearly not to be trusted I am sharing with Greg Powell,  a hard act to follow.
In the programme we are billed as the “two Gregs” – like the three amigos but less fun and without the sombreros.
Or perhaps when you think of “Greggs” plural  you have an image of a couple of sausage rolls.

I am no more qualified than anyone else to speak on the topic of unity.
But I suppose being involved in a rep body- in my case the LCCSA-has given me some small insight into where we, as a profession, have successfully united, and where we have not, as well as whether it matters.

I am also going to touch on breakfast Courts and the 14 hour rule for duty solicitors in the current LAA contract.
And there will be a thinly veiled appeal to join and support the LCCSA.
And in case none of that appeals I will have a go at Grayling.


Can we achieve it even between ourselves as criminal lawyers?
It’s a good topic because we have much that divides us, not least healthy competition, but it seems to me that in recent years there has been an increase in shabby gamesmanship by unscrupulous client-chasers posturing as reputable lawyers but lacking integrity.

A 1/4 century or so ago, when I was first attending courts and police stations, (back in the days when we were paid travel, waiting and a London allowance) other solicitor firms were rivals, but also friends and colleagues.
people I could approach for advice, and who would gladly provide it.
Nobody interfered with client choice or objected to a LA transfer.

Now you can go to some Courts (one in North London comes to mind) and find an army of solicitors from a rival firm armed with clipboards hovering by the door of the court or by the notice-board with list of cases, tapping up all the clients and diverting first appearances from the duty.
These are rivals but neither friends or colleagues.They are touts.

These sharp practices, whilst deplorable, probably arise from the ceaseless cuts which lead to a race to the bottom, and the less scrupulous fighting like rats in a  barrel.
But ignoring that debased minority, criminal lawyers nonetheless have much in common.
The work we do, undervalued and underfunded though it is, is not merely a job, it is a profession and a vocation.
We have, I think, uniting us, an overarching interest in justice.

Of course we all have a degree of self interest, and we all would like to be well paid.
Or at least properly paid
Or sometimes even paid at all

So we are united in wanting better, and fairer, rates of pay.

We are also, I imagine,  united in wanting, amongst other things:-

-Properly equipped courts with an adequate advocates room, and maybe even a cafe

-List officers that take into account advocates availability

-video-links that work,

-prisoners to arrive on time,

-competent interpreters to be booked,

-timely and adequate disclosure

and an opportunity to properly assess the evidence, give proper advice, and where appropriate prepare properly for trial including the right to challenge prosecution evidence and put forward a defence case.

We want a level playing field, we want a fair hearing.

But we also have different interests.
Big firms vs small, legal aid v private, generalist v specialist, own client vs duty, etc.

And then within law firms there are divergent interests, typically between employers (partners or co directors, firm owners) and salaried staff, or “overheads” as the former sometimes think of them.
If only there were an organisation that strives to represent all those interests, not just one vested interest group….

So what is left that may unite us?
A desire for better rates of pay
A desire that the Government may just leave us alone for a while
A wish that the LAA would go and f, f, f, fade away

Can we unite around our common interests?

How do we unite?

Firstly you need strong and accountable representative organisations.
We don’t have a trades union.
We have the Law Society, but….

Here in London you have the LCCSA .

We respond to the consultations.
We lobby.
And we reluctantly became an effective campaigning organisation

How do the LCCSA and other representative bodies work together?

Easy enough when campaigning against cuts or a Lord Chancellor so universally hated that all are joined in opposition

Remember Grayling?  Whatever happened to him?
Grayling as Transport secretary
In October Grayling attending the launch of the new hybrid train between Bristol and London. A service that not only arrived into Paddington 45 minutes late after the train broke down while switching from diesel to electricity, but whose air conditioning had failed, drenching dozens of passengers with water.
As for Brexit, he says that everything will be fine because “British farmers will grow more”, a comment so facile it is beautifully eviscerated in this must-read demolition of Grayling’s ignorance  which describes him as “the wilfully ignorant, insouciantly callous former Justice Secretary who took a sledgehammer to the legal aid and prison systems” (independent)
He also appeared before the Transport Select Committee, in a shambolic performance that was beautifully captured in this sketch  (worth reading in full) which concludes with “while there was a refreshing honesty to his incompetence, there really didn’t seem to be any part of his brief that Grayling fully grasped. He was dangerously deluded about what had gone on on his watch and complacent about the here and now

After CG , we had Gove, we liked him, but he didn’t last.

He did give us the Bell Committee- anyone remember that?
Gary Bell QC, the HCA hating barrister, who was to report on the CJS
His self appointed committee appears to have died a natural death
That has certainly helped unity 🙂

A year ago we had Liz Truss, lover of cheese and pork markets, who failed to stand up for the judiciary when they were attacked by the tabloids.

Now we have Lidington, beneath the radar. Not very high profile – perhaps this week’s announcement mean he is a silent assassin.
Anyway, irrespective of which Lord Chancellor we have, there are always

topics we can unite on by opposing:-
1 The announcement this week of the LGFS “restructure” (cut) which 97% of those consulted were against. Greg Powell has dealt with the absurdity of the MOJ response and this uneccessary cut. LCCSA Statement here

The Criminal Bar Association have put out a statement which “reminds the legal community and the MOJ that the system is at breaking point. There should be investment in Criminal legal aid, not cuts or reductions of any kind. We are unified with our solicitor colleagues in our aim to ensure that legal aid survives, and thrives.”
So that is unity with our friends at the bar and we thank them for it.

2 Flexible Operating Hours

The proposal came from nowhere, no consultation.
Promised it would have robust evaluation.
That evaluation went to Tender, they got that wrong, so proposals were deferred or, we hoped, died, but now they have revived the corpse.
The Breakfast court at HCMC seems to have gone, but they will be listing CPS bail trials from 5.30 pm to 8:30 pm Mon-Thursday.

Perhaps they don’t realise that Court sometimes sits that late already, with trials listed from 2-4pm. With these plans you could be there to midnight,   So be ready to resist when handing in your PET forms…
Blackfriars will piloting 2 four-hour CC sessions and a half CC /half MC session (as before.)
Make sure the obvious objections are made at each stage, and this pilot will inevitably show the failings inherent in this half baked scheme.
3.  14 hours term in the new duty contracts 

The duty solicitor rotas were bloated
There was a desire to remove ghosts
But what are ghosts?
We thought they were the ones on the rota who were dead retired or abroad
I’m which case a requirement to do a min amount of ps work or duty compliance would suffice
So why 14 hours p/w?!

Two examples of why this is crazy:-

1 HCAs for example do considerably more than 14 hours per week, the vast majority of which is Crown Court preparation or advocacy paid on a legal aid account under the AF1.

This is not “Contract Work” and does not therefore count. Sitting behind that advocate unpaid while they undertook the advocacy on a case would count.
The absurdity of this situation is obvious.

Equally obvious is that neither of them is remotely ghost-like. I can see no logical reason why “Contract Work” is the defining element for hours worked for the firm.
Nobody is begging to be woken up at 4am to undertake duty work but it provides clients with good quality legal advice to have people like this on the rota – this is after all the point of the duty solicitor scheme.

I cannot see the justification for disallowing this work from the 14 hours. It goes way beyond the purpose of the rule and is completely unacceptable to anyone with an ounce of common sense.

2.       Child care

A DS (over 20 years call) is also a consultant and has child care responsibilities for two young but school age children. Duty work suits her well as she knows in advance when she has to be available for work and she undertakes her duty work.
She undertakes more than 14 hours a week if you do not count the weeks that she has had to be unavailable for work due to child care responsibilities, namely the school holidays. The period of review includes both Easter and the summer holidays when she was unavailable for any work at all.

When you add in those 0 hour weeks, she falls below the 14 hours and likely to be removed. Madness. And discriminatory.

It also begs the question as to how the 14 hours is calculated. Is it 14 x 52 per year – no one works 52 weeks a year – apart from probably Greg Powell. So is it 14 x 48 (4 weeks holiday) or 14 x 46 (6 weeks civil service holiday allowance)? In which case it averages over a year at less than 14 hours a week?

How did we get into this mess?
It was an LAA idea, but when canvassing representative bodies only the LCCSA objected.

For others, ghosts were not just those on the rota who never went to PS or court or undertook their duties, ghosts also included freelancers. So they supported, and still do, a requirement that solicitors work 14 hours a week and just for one firm.

The LCCSA position on 14 hours is consistent:-

In The past we have been driven into a contracting supplier base and pessimism by relentless cuts , unnecessary bureaucracy , and too often by overly hostile stances by assessors , auditors and managers .
The collapse of the scheme to contract duties passed without apology .
The LCCSA argued in relation to rules for Duty Solicitors for simplicity and an acceptable minimum standard , namely a mix of actual duties completed in court and police stations with some minimum number of overall attendances.
We argued against any hours requirement as unnecessary , bureaucratic and against the interests of working parents and especially that it offended the principles of simplicity and ease of checking .

The Present
Predictably “the Hours” will now consume much energy .All its limitations and difficulties are thrown into sharp relief as reports of overzealous interventions by account managers filter through while confusion over aspects of the schemes detail spreads .
As a membership organisation we have always fought to protect individual ownership of scheme membership .
Similarly we have favoured the widest interpretation of qualifying work and terms that allow our diverse membership to properly contribute through duty solicitor work whilst maintaining a wide variety of working lives .
The future
We will be informed by our members response .Some argue that the future should involve consolidation of the supplier Base and the concentration of ownership of duties in the hands of fewer powerful owners .This would devalue the economic positions of members of the LCCSA . It is not a position we will adopt. It is sometimes disguised as concern for the future stability of supply when it really reflects a desire to gain economic advantage.
What we always need is unity around the political issue which has been the Government desire to restrict scope and impose austerity. The hours issue is a battle for a settlement in the widest interests of members but the great issues are restoring value and scope

Well we are where we are.
What do we do about it?
Can we bring a JR ?
Well Legal Action being a last resort, we are first making representations to the LAA to soften the harsh interpretation.

We want HCA Advocacy to Count, as well as file reviews and supervision. Also:-
-Pro-rata reduction for part time workers, and for absence through illness,
-VHCC work to Count
-Hours to count whichever firm or office carried out for

Who makes these reps?
The Law Society leads.
They have a group called the ”Practitioner Group”
That includes elected bodies such as the LCCSA and CLSA
Also it includes the “Big Firms Group”

Who are the BFG ?

Nobody really knows
They don’t have a constitution
Or a website
If they have aims they are not made public
If they have a committee, we don’t know who is on it , how they were elected or even if they were elected.
They are not accountable.
We know they supported breaking the link between indiv Duty sols and their slots, putting duties in the name of the firms to distribute as they wish.

And their name suggests they focus on the interests of Big Firms, or more accurately over those that own and run them (their employee base are not consulted and do not participate)

And yet they- this self appointed group- sit at the table seeking to influence the decision makers. The two-tier contracting proposals arose from their wish to restrict the supplier base.
It is a matter of regret, that we have allowed this body to fracture Big Firms from small.
Perhaps there should also be a “Small  Firms Group”  and a “medium Firms Group”. There was a freelancers group, but the BFG and CLSA objected to them participating at meetings of the Practitioner Group.

Or perhaps we could just tell TLS and the MoJ to ignore the BFG, and we could all unite behind an organisation that represents big firms and small, owners, the employed and the self employed.

The LCCSA is that organisation.

The LCCSA have the following objectives,

The objects of the London Criminal Courts Solicitors’ Association are to:
▪ Encourage and maintain the highest standards of advocacy and practice in the Criminal Courts in and around London;
▪ To participate in discussions on developments in the criminal process;
▪ To represent and further the interests of the Members on any matters which may affect Solicitors who practise in the Criminal Courts; and
▪ To improve, develop and maintain the education and knowledge of those actively concerned with the Criminal Courts, including those who are in the course of their training.

So to conclude:-
The LCCSA had virtually -and by necessity- re-invented ourselves as a campaigning organisation.
We are if necessary prepared to fight again against cuts and to protect the interests of all who practice in criminal law.

Are you up for that fight?
Any representative bodies is only as strong as our membership.
We can only campaign, take legal action, put on events if our membership is strong, and we are funded by our membership fees.
If you join, or retain a membership, we are stronger.
My plea to you is, if you are not already signed up, is to join your representative body the LCCSA.
If you are a member already-thank you- and remember membership renewals are due on 1st November
Please come to our AGM Dinner on November 13th
Please consider joining the committee.

Thank you for your support.
We don’t want to do this without you, and tbh we can’t do it without you.
Join up, and we are united together.
United we stand, divided we fall.
That is the true message of Unity.

And now, time to unite and join friends and colleagues in the pub.
I hope you will raise a glass to justice, celebrate solidarity, drink to the health of legal aid, and share a toast -to Unity.



Lammy Review-We must NOT be silent

Colour-blind justice? – the long-awaited review by David Lammy MP on race and the criminal justice system released in September concluded that the system discriminates against black, Asian and minority ethnic people.

We already knew that. The disproportionality in outcome between different ethnic groups has been known of and remarked on for as long as I can remember. Nothing meaningful has been done.

Young black people are nine times more likely to be locked up in England and Wales than their white peers, The report delivers some recommendations on how to fix this, some better than others. (See this Summary in the Law Soc Gazette)

The report also noted  that because black defendants distrust the system, they tend to plead not guilty in court – disqualifying themselves from the reduced sentences that can come with an early guilty plea. Lammy calls for deferred prosecutions where suspects can have charges dropped by completing rehabilitation; basing criminal responsibility on a suspect’s maturity rather than age; and wiping the slate clean earlier for young offenders who rehabilitate, so they can get on with finding employment. Lammy, writing in the Guardian, calls for urgent action to implement his recommendations which require political support and legislative action.

But what can lawyers do within the system to combat the ongoing systemic imbalance? The discrimination which underlies these stark statistics is institutionalised, but covert, and as it is never openly expressed remains unchallenged.
We all know what the problem is, but what  are we going to do about it?

Usually, the answer do the question “what do we do” is “nothing”.
We need new answers.

There is already a “trust deficit”. To win back trust, we need to deserve that trust. #WeMustNotStaySilent

We have to talk about Discrimination. Prejudice. Racism.

We have to challeng why some parts of our profession have race inequality

We have to challenge the Police about their charging decisions.

We need to raise the issue of sentencing disparity in Court. The  Magistrates need to hear it, and our clients need to hear it.

We have become complicit in an unfair Justice system.

To stay silent is no longer good enough.

There was an event for Lawyers to discuss his report on 2 October 2017 at Kings College which David Lammy attended and I chaired. (Panel: Sir Anthony Hooper, DPP Policy Advisor Sara Carnegie, Sandra Paul of KN, Courtney Griffiths QC of 25 Bedford Row and Judy Khan QC of Garden Court)


A review of the event is here or you can watch a video of  whole thing here

The Lammy Review equips us with the evidence and the stats to challenge injustice, particularly prevalent in the Youth Court.

When appearing in the Youth or Magistrates Court representing a young black defendant, dare we say to the bench in our closing submissions “my client is worried that statistically he is more likely to be convicted, and when convicted sentenced higher, than his white contemporary”? 

Traditionally we would not raise that directly, for fear that we may be thought to be accusing the bench of bias. It is time to stop being afraid.


Lord Chancellor Liz Truss-a Review of her Term of Office

On 14th July 2016 incoming Prime Minister Theresa May  appointed Liz Truss as the new Secretary of State for Justice (also known as Lord Chancellor).

She lasted less than a year, being demoted by May on 11th June in the re-shuffle that followed the “mandate” election.

Truss took over from Michael Gove,  sacked for his disloyalty and failed leadership bid rather than his performance in post (Gove had replaced the hopeless and reviled Chris Grayling, widely believed to have been the worst Lord Chancellor in living memory)

Truss was the third consecutive non-lawyer to be appointed to the post. Did  that matter? Read the Secret Barrister blog.

This blog reviews Truss’  time in office.

Background-Pre-Justice Secretary

Truss was previously at DEFRA, and perhaps best known for her widely ridiculed Conservative Party conference speech about French cheese and British Pork (footage enjoyed on this clip from Have I Got News For You )  This was followed another much ridiculed Conference speech (October 2015) when she called for a return to “giving animals their proper names”

She co-authored a book (“Brittania unchained“) which accused British workers of laziness :”The British are among the worst idlers in the world. We work among the lowest hours, we retire early and our productivity is poor. Whereas Indian children aspire to be doctors or businessmen, the British are more interested in football and pop music.

Critics who have attempted to engage with her, (according to George Monbiot in The Guardian) have said she is “indissolubly wedded to a set of theories about how the world should be, that are impervious to argument, facts or experience.”


Born: 26 July 1975, in Paisley, Renfrewshire
Constituency: MP for South West Norfolk since 2010
University: read PPE at Merton
Before politics: 10 years as a management accountant, economics director at Cable & Wireless; deputy director of Reform (education think tank)

Truss and Criminal Justice (pre-appointment)

Truss was a member of the Justice Select Committee between March 2011 and November 2012, but apparently only ever spoke about justice issues three times in parliament,one of which was to strongly support cutting the legal aid budget.

On Home Affairs she consistently voted for a stricter asylum system and stronger enforcement of immigration rules; for the introduction of Police & Crime Commissioners, and for requiring the mass retention of information about communications.  She spoke several times during the committee stages of LASPO (transcripts here)

Comments and initial reaction on her Appointment 

There was initially mixed disappointment and scepticism from legal aid lawyers, largely due to Truss’ record of continuously voting for Legal Aid cuts.  Her priority should have been to sort out and protect Legal Aid, said the All-Party Parliamentary Group on Legal Aid, as reported here in the Solicitors Journal. Concerns were also raised about her views on prisons (eg here in the Justice Gap, July 2016)

Lord Faulks,  justice minister under her two predecessors, resigned his post because he felt that the inexperience of Truss  could  put at risk the standing of the judiciary and courts.  Anna Soubry QC turned down post of No. 2 to Truss (according to this piece in Legal Cheek)

Much of the commentary focussed on Truss’ gender, and her being supposedly the first female Lord Chancellor, but critics of Truss denied misogyny ( eg Lord Falconer here in the Guardian)

Lord Pannick pointed out that contrary to some reports she is not the first female Lord Chancellor – that was Eleanor of Provence, who filled in for her husband Henry III in 1253.  He added that at the time “there was probably a 13th-Century Lord Falconer complaining Eleanor hadn’t been trained as a lawyer”.  

The CLSA released a statement welcoming her appointment.

Peter Oborne writing for the Mail on Sunday had this observation:-

I greatly enjoyed seeing Ms Liz Truss, the new Lord Chancellor, in her majestic Tudor-style robes of office, redolent of old England, tradition and deference.

It is amusing to recall Ms Truss’s radical anti-Monarchy speech to the Liberal Democrat conference in 1994 (she was once on the national executive committee of that party’s youth and student wing) when she proclaimed: ‘We do not believe people are born to rule.’ Her target was the Queen. 

She found out soon afterwards that Oxford graduates in Philosophy, Politics and Economics, such as herself, are indeed born to rule, and it doesn’t much matter which party they are in.  I’m sure she’ll enjoy the many conversations with Her Majesty she’ll now have, thanks to her new high office”

First days in post

The Annual HM Inspector Of Prisons report was published (19 July) and once again showed a prison service in crisis- violent, over-crowded and full of drugs with few opportunities of rehabilitation. Truss response below:-

On 21st July Truss got to dress up in black and gold robes, and was sworn-in as Lord Chancellor. The ceremony can be viewed on this YouTube clip.



First Three  Months

After a long  pause to master the brief, Truss gave her first interviews and indicated she was planning to introduce a Bill of Rights. No such bill was introduced.  It was initially unclear whether we would be keeping or scrapping the Human Rights Act.

Truss also indicated the Government would not be proceeding with “Problem Solving Courts” (previously announced by Gove) although it was later clarified she actually meant they were still considering them, and a week later confirmed the Government were in fact proceeding with them.

After a Summer break, Truss attended a meeting of the Justice select Committee, (07 September) where to the astonishment of all those attending or following, she could not confirm any planned legislation, merely saying everything was under review (Guardian report here ) Private Eye was also unimpressed:


On 03 October Truss was all trussed up again in robes, together with a “train bearer”,  to attend her first “Opening of the Legal Year” service. Her speech here.

On 04 October Truss gave her first Conference speech as Lord Chancellor. It was a more assured performance than the infamous “cheese speech” (see above) but failed to mention Legal Aid or Access to Justice. She spoke of prison reform, announcing £14 million additional investment (although it turned out this was funding already announced by Gove). She did not acknowledge the then topical high suicide rate in prisons, but promised that “ex-soldiers” would be recruited as prison officers.  The rest of the speech was a series of platitudes. In. Very. Short. Sentences. Text  here.  Quentin Letts’ summary “How could so jellyfish and unformed a political personality have been made lord chancellor? I have known ping-pong  bats less wooden, CBeebies presenters more statesmanlike.”

November-Failure to Defend the Judiciary

On 03 November, the High Court ruled in the case of Miller that Brexit via article 50 should require a vote in Parliament. In an outpouring of outrage in the tabloids there was open hostility to the judges who were described on one front page as “enemies of the people” The LC, whose oath of office is to uphold and defend the Independence of the Judiciary, would be expected to speak up in defence of the rule of law. Instead, for a long period, silence. #WheresLizTruss?  was trending on twitter. Read more here. Then, belatedly a half-hearted statement as reported here.  Criticism continued to grow, with an attack by some Tory MPs, as well as lawyers (see this summary as reported in the Guardian)

Truss later managed a half-apology, but the criticism never really died away and (in March 2017) the Lord Chief Justice piled in  here.

Prisons Crisis

The effects of the drastic cuts implemented by Grayling led to a crisis which continued to escalate during Truss’ term of  office. There was an escalation of assaults on prison staff, suicide and self-harm of prisoners,  a “strike” by officers, violence, drugs, escapes and riots. How did Truss cope? Poorly is the general consensus – see eg here

PI Reform

Truss achieved better headlines for her “crack-down” on whiplash claims. But these “reforms” , badged as reducing insurance premiums supposedly over-inflated by dodgy claims and the “compensation culture” will in fact not help consumers, but harm those suffering genuine injury, and offer a bumper pay-out for insurance companies. See this article for the detail.

Six months In 

In December Truss appeared in the Commons to announce that “barking dogs” would tackle the problem of drones being used to courier drug deliveries. Seriously. Read this article and play the clip where Truss announces this (to laughter). Could they? See the Guardian Pass Notes

Happy Christmas!

Liz Truss extended a special message to hedgehogs. Happy Christmas hedgehogs!


Februaryslammed by lawyers following another “car-crash” TV Interview

First bill  (23 February 2017) – the Prisons and Courts Bill (2017)  covering four main areas:-

1 Prison safety and reform –  described as a “new framework and clear system of accountability for prisons”  It will “enshrine into law ” that a key purpose of prison is to reform and rehabilitate
2 Court reform: -another commitment to victims and the most vulnerable, as well as improving the system by digitisation. (But see here for critical commentary)
3 The judiciary – a better working environment for judges,  modern court facilities + better IT
4 Whiplash compensation – new fixed tariffs capping whiplash compensation pay-outs

The bill has not yet been enacted.

April By April, Truss appeared out of her depth, and reports indicated she does not have the confidence of the Judiciary OR cabinet colleagues.

See this  summary of her tenure, by Frances Crook (Howard League) . Meanwhile, with the election called, pundits predicted she would not last a full year -see eg this Legal Cheek piece by Joshua Rosenberg They were right.

May-June and the General Election Truss was largely absent for most of the General election campaign. But she did visit Wibsey! 

Goodbye Truss, hello David Lidington 

So Truss has left the full cabinet by being demoted to first secretary to the treasury, replaced by David Lidington. Lidington is the 3rd new lord chancellor in little more than two years. It used to be a job that the recipient would fulfil for a decade. He is also the fourth consecutive non-lawyer to have held the post. Read more about Lidington here.


If Truss had showed even half the enthusiasm for justice that she has for cheese, she could have really made her mark in an area crying out for reform. As it is, Truss lasted just 11 months in the job, the shortest tenure since the post was created, and has now been demoted.

Truss was not the worst Lord Chancellor in recent time (Grayling set a high standard  for that) but she fell far short of what was required. She never appeared to be on top of her brief, abjectly failed to tackle the prison crisis, failed to stand up for the Judiciary, and does not appear to have a solitary positive achievement she can point to from her term of office. 


London Legal Walk 2017

Monday 22 May  was the London  Legal Walk – with over 8,000 lawyers walking 10k to raise money for London Legal Support Trust.
The LLST  is an independent charity that raises funds for free legal advice services in London and the South East.
I entered as part of the Bullivant Law team- and we all finished!

Please sponsor the team! Our fundraising link is here:-

Thank you!

Check out my walking playlist here

Below- at the start with Judge Rinder


Below-a well earned drink at the finish