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Phillip Taylor

Phillip Taylor

  • member since June 19 2009

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  • Tom Bingham and the transformation of the law : a liber amicorum
    • Rated 5 stars

    A LIFE IN THE LAW, RICHLY LIVED AND ENRICHING OTHERS!

    An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

    This volume is a tribute to Lord Bingham, recognized internationally, as well as in the UK, as being one of the most influential judges of 20th century through his judicial and academic work during an historical period which has seen much turbulence, controversy and change.

    During his remarkable career Bingham held in succession the two most senior judicial offices in England and Wales: Master of the Rolls and Lord Chief Justice, followed by the highest judicial office in the United Kingdom, that of Senior Law Lord and an honour by Her Majesty with the Order of a Knighthood of the Garter. Through his scholarly writing he was influential, in the early 1990s, in arguing in favour of UK incorporation of the European Human Rights Convention and later for the creation of a UK Supreme Court.

    This book brings together more than 50 essays written either by colleagues who have known Bingham, or those who have been influenced by him, whether in academia or legal practice. The result is truly diverting, revealing and enlightening, equally for the practitioner or indeed the general reader. Certainly the ‘Biographical Sketch: The Early Years’ section of the introduction – complete with photographs -- is a riveting read.

    Even as a schoolboy, Bingham revealed himself as an intellectual and academic prodigy, later to develop into a polymath with a formidable range of interests, ambitions and achievements. The son of two doctors, one of them, his mother, an American who had grown up on a ranch in California, he displayed an array of talents which could have taken him successfully in almost any direction he might have wanted to go.

    As students of poetry, we were intrigued to learn, for example, of his early prowess in that sphere, winning an award at school for his poem ‘Since Sinai’ which expresses the theme of God revealed through the beauty and power of nature. Subsequently, despite the demands of his profession, he has always found time to write and to preside over a number of bodies, including the Hay Festival. It’s one of the losses to modern public life that our senior judges are not called upon to make more public speeches as the clarity of Bingham’s thought (and those of his colleagues) is a talent this country vastly under-uses: one day, when others read books like this, the position might change, and general communication of information improved from its current woeful state.

    Full of treasures of information and insight -- this book tells in 900 pages, from a number of detailed viewpoints, the story of a life richly lived, whose judicial and academic influence has enriched the life of nations worldwide. In particular, you might be interested in the intriguingly worded Chapter 9 ‘What Decisions Should Judges Not Take?’ by Jeffrey Jowell. Above all, we were impressed with Nicholas Phillips’ account of Lord Bingham’s reputation for unfailing courtesy, especially to members of the Bar who came before him. Would that all judges were like that and we use them more in public life!


    ISBN: 978-01- 995-66181

    Phillip Taylor wrote this review 2 weeks ago. ( reply | permalink )
  • The Justice Gap: Whatever Happened to Legal Aid?
    • Rated 5 stars

    LEGAL AID- JUSTICE FOR ALL IN THE MOST FRIENDLESS WING OF THE WELFARE STATE

    An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

    Legal aid in the UK has had a chequered history. As Helena Kennedy describes, in the foreword to this important book, that the original intention of legal aid was that it was to be an essential component of our welfare system, and to be the legal services pillar of the welfare state.

    On 30th July 1949, when the Legal Aid and Advice Act was granted royal assent, its purpose was to ensure that anyone who needed legal advice would be able to access it – a laudable and utopian aim, but like most utopian objectives, very difficult to sustain and uphold. Disturbingly, legal aid has since been tinkered with, tampered with and considerably eroded.

    View with alarm, for example just two examples of such erosion (among hundreds) cited by authors Steve Hynes and Jon Robins. ‘Successive governments since the 19080s’, they note, ‘had been toying with a conundrum: how to withdraw legal aid without removing access to justice for the ordinary person….According to a report from the London School of Economics, nine million adults fell out of scope for personal injury between 1972 and 1989’.

    ‘In 2000,’ say the authors, ‘New Labour embarked on a huge gamble. In one fell swoop ministers scrapped legal aid for routine personal injury cases. The almost immediate result was the emergence of new breeds of entrepreneurial law firms and a new breed of non-lawyer companies to fill the newly created justice gap.’

    Thus was the legal landscape dismayingly and markedly changed amid waves of quietly expressed disquiet among those few members of the public who knew what was actually taking place whilst it was going on.

    The publication of this short but concise 150 page book marks the 60th anniversary of the Legal Aid and Advice Act. As Helena Kennedy says, it does represent the first major critique of the government’s lamentable record on legal aid.

    Hynes & Robins provide both a history of and commentary on legal aid and delivers well informed and timely criticism of the current government’s attempts to reform the system. Published by the Legal Action Group, the book takes an admirably practical stance on this thorny and difficult subject, postulating and suggesting a number of essential reforms to bridge that almost unbridgeable ‘justice gap.’

    ‘The book is an impressive attempt, says Liberty Director, Shami Chakrabarti, ‘at preserving the hope that everyone might have access to justice in this country’. One hopes that ‘The Justice Gap’ will be considered essential reading – and an essential purchase -- by policy makers present and future, as well as learners, trainees and practitioners in one of the most friendless wings of the welfare state.

    ISBN: 978-1-903307-63-2

    YouTube: http://www.youtube.com/watch?v=rUKYRLKhscI





    Phillip Taylor wrote this review Friday, June 19 2009. ( reply | permalink )

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