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Lord Justice Wall, a Court of Appeal judge, whose views are shared by a number of senior family judges, said that the plans will drive out dedicated solicitors who act for families and children. The judge, who was giving a recent lecture at the University of Cardiff in honour of the family law professor Mervyn Murch, said he could not recall in 24 years at the Bar or 12 years on the Bench any government proposal that had caused “such consternation”. In the words of the Association of Lawyers for Children, the overhaul was “an entirely false economy” that was bad for children, for society and the country as a whole.
The Law Society’s Regulation Board decided last week to launch a tough campaign of enforcement to ensure such fees are disclosed to clients. As part of that it is looking at whether to make it a criminal offence to fail to comply with rules on disclosing referral fees, according to the Law Society Gazette.
Peter Williamson, the board’s chairman, echoed the words of one of its lay members, insisting that the profession had to understand that this was not only “last chance saloon, but last orders”. The policy will be reviewed in July and December next year. If the campaign fails, the board will reconsider a total ban or “radical restriction” of the fees.
Action was taken against Christopher Hatch, landlord of the Mount Pleasant Inn in Bedworth, by Media Protection Services (MPS), the prosecuting arm of the Premier League and BSkyB, after it found that he was showing matches through a foreign satellite system.
But Sarah Clover, a licensing barrister from No 5 Chambers, Birmingham, who acted for Mr Hatch, said that such technology has yet to be proved illegal.
The Premier League owns all broadcasting rights to Premiership matches in the UK and sells the rights on an exclusive basis to broadcasters around the world, she added. The MPS had argued that Mr Hatch dishonestly received a programme licensed to BSkyB. “But he bought his system in good faith, from a reputable dealer, and MPS could not prove he had acted dishonestly.” MPS, which dropped the case, said it was because Mr Hatch had not received its legal warning letters outlining the illegality of taking out subscriptions other than with Sky. Ms Clover predicted that if there are similar rulings, Sky may be forced to lower its subscription charges and offer a variety of packages to the licensed trade.
Mr Haw is appealing to the House of Lords after he lost in the Court of Appeal earlier this year over his right to stage the protest. But pending the appeal, he was granted the right to continue his demonstration, subject to certain conditions as to size and appearance, to be set down by the police.
Now he is back in court facing a prosecution for allegedly breaching those conditions. Under the Serious Organised Crime and Police Act, he can erect placards only 3m x 3m x 1m. “I have spent 2,000 days and nights on this pavement to say peace, hope, love and justice for all,” Mr Haw said.
QC, whose idea the commission was, said: “Barristers are normally involved with trial and sentencing. This seemed a good opportunity to do something to help with rehabilitation. Perhaps some of the inmates who took part had been our clients.”
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