The Court of Appeal’s decision in ABC & others v. Telegraph Media Group Limited  EWCA Civ 2329 prompts me to write about a topic I have avoided writing about so far: whether NDA’s should, in principle, be available for sexual harassment cases. I have not made up my mind, but the court’s reasoning and … Continue reading In the public interest? NDAs after ABC
The following is an updated and somewhat expanded version of a talk I gave at a recent CILEX roundtable on law and technology. I am sometimes sceptical, but basically a proponent of innovation in legal services. I believe that the application of technology, principles of design, and learning from the behavioural sciences in particular will … Continue reading LawTech: Time for a cybernetic legal ethics?
On September 2nd, 1994 the Chicago Tribune ran a story about a $7.1m award against the World's largest law firm then (Baker & McKenzie). The story is here but you can't read it from Europe because, I guess, the paper can't cope GDPR. It related to, "one of its top former partners who allegedly sexually harassed at … Continue reading Predatory Partners? Whoops, I did it again.
Jotwell, well worth following, it has a series on legal professions, has published a 'jot' what I wrote on Yuval Feldman's book The Law of Good People: Challenging States’ Ability to Regulate Human Behavior (2018). It begins: The fascinating case made by Yuval Feldman’s recent book is that most wrongdoing is done by good people who, too frequently, … Continue reading Jot on Quiet Egocentricity and Ethics
Nathalie Tidman has done a thorough and balanced job of reporting on recent NDA controversies for Legal Business (£). Interesting new information includes that Zelda Perkins had a barrister involved in her case, and that the firm that represented her kept the NDA in a firm safe, "with a post-it note inscribed ‘this must not walk’. … Continue reading NDAs. He really is one of us
@Crimegirl has been posing a very entertaining series of tweets on the daft things clients do. This one is not the most entertaining one* but it caught my eye… [* I think this one is the funniest one, should you be interested.] The tweet was nearly perfectly timed to coincide with the publication of X … Continue reading Dreaming up iniquitous defences: why X v Y goes beyond pub talk
The Citizens UK case  EWCA CIV 1812 raises interesting issues about government lawyers and their political masters, but more so, for me having read the judgment, about how judges deal with potential misconduct by litigants and, perhaps, their lawyers. The case arises out of Frances' decision to close the Calais camp known as the Jungle. … Continue reading Citizens UK: Professional Regulators should examine this misleading of the High Court?