WHO speaks up for the judges? The row over “soft” sentencing exposed the weak flank of the judiciary — it was at least 48 hours before the Lord Chancellor stepped in to say that judges were not to blame for sentence levels. Lord Falconer of Thoroton did a good job — but why did he not speak up earlier? Falconer, although no longer the judges’ trade union leader, still has a constitutional duty to protect judicial independence and the rule of law. The “Chief”, Lord Phillips of Worth Matravers, could also have said something through his new press office, but (a) he was abroad and (b) clearly decided discretion was the better part of valour. It worked. Coverage turned to the judges’ advantage. But the problem will return. Judges must be hoping for a swifter response on their behalf next time.
CHERIE BOOTH, QC, flew back last week with her tail between her legs after a fruitless 6,500-mile trip to Malaysia. The federal court rejected her appeal to be allowed to act in a construction dispute, saying local lawyers were able to do it. Her instructing client, Fawziah Holdings, will pick up the legal bill — estimated at £100,000. But questions were raised about security costs: Ms Booth travels with her own team and extra protection was laid on at court. Mark Stephens, Times law online blogger and solicitor with Finers Stephens Innocent, said: “Who will pick up the bill? It seems incredible that, having been told ‘no’, she still goes out to fight the decision. Most people would have the dignity . . . to go away quietly.”
Advertisement
PROFESSOR Vernon Bogdanor’s annual Magna Carta lecture last week was well-timed: with the sentencing row in full swing, he gave warning of a constitutional crisis, with judges and Parliament clashing over who is sovereign. The Human Rights Act leaves Parliament supreme in theory; but in practice, he said, limits it. Meanwhile, Court of Appeal judge Lady Justice Arden has returned from a private trip to South Africa and is enthusiastic about the “exceptional” Constitutional Court. In particular she liked its efforts to reach out: a media summary of each case in session is available at the door of the court. The constitution itself is printed in a handy volume — “about the size of two cassettes”. One mother makes her teenage son carry it in his pocket when he goes out at night in case he is stopped by the police.
Advertisement
FORGET senior partners in City firms or top commercial QCs. The best-paid lawyer in the land is David Cooper, who has secured a reported fee of £100 million for advising a client on developing a conurbation between Birmingham and Milton Keynes. Cooper, 64, told the Evening Standard: “I don’t earn any more than a footballer.” Legal aid lawyers must be gritting their teeth. But they get some recognition: this week the winner of the Legal Aid Lawyer of the Year will be announced by the Legal Aid Practitioners Group and Independent Lawyer. The winners have been chosen by a panel chaired by . . . Cherie Booth. So it’s not all big commercial disputes abroad.
lawdiary@thetimes.co.uk