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12 November 2021 / Theo Huckle KC
Issue: 7956 / Categories: Opinion , Profession
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Here to act, not to judge (Pt 2)

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What price justice? In a second update on the parlous state of our justice system, Theo Huckle QC explains why all of our people’s legal rights should be real and enforceable

In the first part of this article I referred to a commentary quotation about Rudy Giuliani and his appearances for former President Trump to challenge electoral results in last Autumn’s US Presidential race: ‘A lawyer may have any old client, but a lawyer cannot tell the court any old thing. Even a lawyer as partisan as Rudy Giuliani could not bring himself to mislead a court by alleging electoral fraud for his client Donald Trump, though both freely made such allegations outside of the courtroom,’ (Prospect, ‘Should a lawyer ever refuse to act in an unpleasant case?’, David Allen Green, April 2021).

I made it clear that deliberate misrepresentation of any form by a lawyer is an abomination, that the common suggestion that lawyers ‘lie’ on behalf of their clients is anathema

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NEWS
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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
NLJ this week: Costs sting after a courtroom gamble
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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