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01 May 2008
Issue: 7319 / Categories: Legal News , Legal services , Procedure & practice , Profession
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Legal profession independence threatened

News

Spending cuts, career politicians, media excess and consumerism are all combining to threaten the independence of the legal profession, says Bar chairman Tim Dutton QC.

Addressing the Criminal Bar Association conference in York, Dutton said a shift in mindsets and attitudes was affecting the Bar’s ability as an independent profession to discharge its duties vigorously and independently. He said: “[One] influence is not just a desire to control expenditure—laudable in itself for us as taxpayers—but we have seen in recent years the use of expenditure controls to encroach upon our professional independence and judgment. “A combination of media excess and consumerism is creating an environment in which politicians and others attack the professions, and ours in particular. The irony is that those who launch attacks upon the profession are also the people who use it the most.”

He says that from an increasingly young age our “political class” is drawn from people who see politics as their career almost from university. “The fact that politics is now the ‘profession’ which politicians pursue means that some are unable from personal experience or adherence to professional codes and training to understand the significance within society of professions such as ours, the essential requirement that each of the liberal professions must remain independent, strong, and free to exercise professional judgments in the best interests of those for whom they act.”

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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