Tag: Communication

Invitation to a duel

A few weeks ago, I spoke at an international conference on regulation. One of my fellow panellists told me, as we took our seats, that he was against regulation. I rubbed my hands with glee in anticipation that sparks would soon begin to fly. Sadly, the only sparks were the evidence of us getting on like a house on fire. He wasn’t against regulation; it was just bad regulation that he couldn’t tolerate. Me too.

We disagree … so you must be lying?

From working as an independent expert witness, I know only too well that it is not unusual to find one’s client acting as though nothing the opposing party says can ever be believed. As a mediator, I have seen this attitude taken by both sides simultaneously. Sometimes in a dispute, both sides are inveterate liars. But quite often I would see two parties who were both incapable of seeing that their opponent’s point of view was not built (entirely) on falsehood. It seems that is where we are now with Brexit.

Lawyers for Alternative Facts?

It seems that, when it comes to Brexit, we can’t trust anyone to get their facts right. Not even lawyers. At least, not Lawyers for a People’s Vote (LfaPV).

A Few Good Men – but this one?

Brett Kavanaugh, the current presidential nominee for the US Supreme Court, faces a series of allegations of sexual misconduct dating back to his youth. He denies them all. He denies them emphatically. But he denies them in a manner which raises questions about his suitability for senior judicial office, let alone the highest judicial office in the land.

Friday fiascos

A couple of matters caught my attention this morning, from the world of journalism and coffee shops.

Reporters Sans Frontieres: not my idea of a knock out

I was disappointed to read recently that the UK has dropped to 40^th place in the World Press Freedom Index. Among the 39 countries which are said to offer the press greater freedom than the UK are South Africa, Surinam and Namibia, according to the ranking body Reporters Sans Frontieres. But then I noticed that the UK’s ranking was three places ahead of the USA which guarantees freedom of the press under its constitution. What’s going on here?

Brexit: supreme logic required

Much has been written about the Government’s appeal to the Supreme Court in the Brexit case. Political commentators tell us that the appeal is very likely to fail. Many lawyers think otherwise.

DC taking a leaf out of DC?

The morning after the Newsnight before, everyone is asking why did he do it? And how will it work? Find the answer the second question and I think you have the answer to the first.

Victim statements: are they having the wrong impact?

In an episode of The West Wing from 2002, the (fictional) US President. Jed Bartlet, prepares for a presidential debate by considering how he should answer a question designed to challenge his opposition to capital punishment: “If your youngest daughter, Zoe, was raped and murdered, would you not want to see the man responsible put to death?”

Testing times for the Director of Public Prosecutions

The Director of Public Prosecutions (DPP), Alison Saunders, says that juries apply a “much higher test” than prosecutors do when deciding whether to pursue a case. If that is true, it seems bizarre. More likely, it betrays a lack of logic on the part of the DPP.