The Gazette 1975

Judges could recommend that lawyers' fees be reduced on account of negligence or some other form of mis- conduct, Mr. Goodman believed this cut was "unpre- cedented in a case of this nature". The firm is likely to initiate its appeal proceedings soon, but the result will not be known until after the appeal of the eight accused of the Uxbridge bombing is hears. Their appeal hearing begins on November 17th. Defence counsel might be debarred from putting up specific defences What is concerning many leading barristers now is the danger that if Mr. Justice Melford Stevenson's fee cut recommendation is to be established as a precedent, "a defendant may well be concerned as to how vigor- ously his defence will be pursued". The threat of a cut in fees could make some barristers think twice about putting forward a specific line of defence, on which his client has instructed him, in case this m ; ght get an unfavourable reaction from the Judge, thus leading to a conflict of interest between the barrister and his client. The Bar Council's Professional Conduct Committee is understood to have investigated Judge Melford Stevenson's trial remarks but is unlikely to comment on them until after the Uxbridge eight appeal. The Press Association reports: Nearly 40 Labour M.P.s yesterday attacked Mr. Justice Melford Steven- son in a House of Commons motion accusing him of attempting to intimidate defence lawyers from carrying out their clients' wishes. The motion "regards with grave concern the attempt by the Judge to intimidate defence lawyers from carry- ing out the wishes of their clients". Note—The Professional Conduct Committee of the Bar Council has fully upheld the conduct of Counsel in the case, and stated that they are entilled-to^their full fees. / c V E T y Vv Ap ° A than elsewhere, it had been an ideal of the late Arthur Cox, to help in producing a work on Irish Land Law. There would not be a full realisation of the immense work of erudite compilation and learning involved, which Mr. Justice Kenny's happy partnership with the author had underlined. He was happy that the Law Society would not charge any agency fees for selling the book. Mr. John Wylie thanked the many persons, too numerous to mention, who had helped him. As con- sultant editor, Mr. Justice Kenny had volunteered to accept the correctness of all statements of law relating to the Republic of Ireland. He was greatly indebted to Mr. Kirk, who did not hesitate to enlist an enormous amount of capital in the project. He was convinced that the fact that a confirmed academic lawyer like himself had co-operated so closely with a practitioner like Mr. Justice Kenny would greatly enhance the value of the book. . 2 81

to follow all avenues open to us". The three Q.C.s, their juniors, and another firm of solicitors involved, are also expected to appeal. Police alleged to have planted fingerprint evidence The judge's attack on the lawyers centred on a defence claim that police had "planted" fingerprint evidence. Aiming his words at the Q.C.s, Mr. John Platts-Mills, Mr. David Turner-Samuels, and Mr. Peter Dow, he said counsel should be more than "mere loud- speakers of a maladjusted set". Counsel's duty was not discharged by "slavish sub- servience" to his client's instructions; the client was entitled to the judgment and experience of counsel in conducting the defence. "One would have hoped that that judgement and experience would have spared the police and their witnesses the insulting suggestions made in the case. It has been a mud-slinging defence." Professional rule that barrister must accept any brief Immediately, after the judge made his remarks, Mr. Patrick Neill, the Chairman of the Bar Council, issued a statement insisting that it would be a sad day for the Bar when a barrister was deterred from doing his duty by any fear of official displeasure or hope of political advantage. It was a rule of the profession that a barrister must accept any brief, and it was not the barrister's job to judge the veracity of the brief. The Judge recommended that the Court Taxing Offi- cer, who assesses what fees on Legal Aid are payable to lawyers, should make cuts in the costs incurred by the defence as a result of its contentious claims. It is reported that the Taxing Officer consulted the Judge before making the cut. Mr. Goodman says that his firm has lost £2,387. Each Q.C.'s loss is estimated at about £2,000. Although

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them or by ordering it direct from Professional Books Limited. Mr. David Kirk of Professional Books Ltd., Abing- don, Berkshire, said he had had association with Ireland for many years, starting with the publication of Paul O'Higgins' Bibliography of Irish Law. He had become aware of the difficulties in obtaining Irish Reports, and was happy to state that he had made arrangements with the Incorporated Council of Law Reporting to publish the Irish Reports until 1974, and that these would be available in 1976. He was convinced that John Wylie's book would serve a most useful purpose, as he and Mr. Justice Kenny had contributed to a work of immense scholarship. The President, Mr. W. A. Osborne, congratulated Mr. Justice Kenny and the Arthur Cox Foundation for having chosen such a splendid author to write on such a difficult subject of law. In view of the fact that the right of ownership was more fostered in Ireland