Andrew Day

This is really heart-breaking. It speaks powerfully to the need for barristers in all practice areas, but perhaps especially in crime (and, dare I say it, public law children), to look after themselves and each other if they are also to protect the justice system(s) they work in.

I’m very excited to be able to announce that, in addition to my long-standing tenancy at @stiveschambers in Birmingham, I am taking up a door tenancy at @29BedfordRow in London and so I am now able to accept instructions via two oustanding sets.

@familybrief 😫

"If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272" Read more: ow.ly/t90I50TQAyY

ADR grumbles aside, I am of course delighted to have retained my tier / band one ranking in both legal directories. Many thanks to @thelegal500 and @ChambersGuides, to all who took the time to say nice things about me and to my colleagues at @StIvesFamily.

An earnest plea to @thelegal500 and @ChambersGuides. Please improve your coverage of barristers undertaking family ADR outside London next year. Having only London rankings or “all circuits” rankings with only London barristers in them does not reflect this key market nationwide.

I had the privilege of contributing to the discussions which fed into this ground-breaking and thought-provoking report from @ResFamilyLaw and of attending its launch this evening. I strongly encourage all who do FR work to read and consider it carefully.

@gifford_head @maxschofield @Michae1Salter @ishkolhatkar @JasonBell33 Even on offence and defence, the degree of specialisation is mind-blowing and almost impossible to understand fully if you’re not an expert / have never played. I imagine it’s part of the reason we’ve yet to see a rugby union player achieve real success in the NFL.

@AndrewDayLegal @maxschofield @Michae1Salter @ishkolhatkar @JasonBell33 I remember watching a video about long snappers which was utterly fascinating. All that effort to perform a single maneuver!

@gifford_head @maxschofield @Michae1Salter @ishkolhatkar As @JasonBell33 always says “special teams for special players”.

@maxschofield @Michae1Salter @ishkolhatkar This is probably I sign I don’t really get it but I always thought the special teams were some of the most interesting people in American Football. Though it’s a pity no-one kicks barefoot any more to make them look quite crazy.

@gifford_head The most striking thing about that chart is difference between the figures for silks and for very senior juniors, which is vast!

@gifford_head Any income figure for W contrasted with H’s in an FR judgment is likely to be net. Properly grossed up to give a GFI figure, £40K net probably wouldn’t be far from the lower end of the range suggested by the report.

@gifford_head *without* It was a pleasure working with you on it; I’ll look forward to an IRL meeting over a self-congratulatory glass of something delicious at some point.

I’m most grateful to the @fr_journal for publishing yet more of my musings on their blog today - an article produced in conjunction with @gifford_head concerning the interesting and important TLATA case Re Cynberg. urldefense.proofpoint.com/v2/url?u=https…

@gifford_head @hjbrander @jamessflee Quite possibly. I’m pretty sure blogging wasn’t a thing back then.

@AndrewDayLegal @hjbrander @jamessflee It’s an interesting debate. Perhaps as old as the courts of chancery themselves. I have a feeling that had we been around in 1452 when Fortescue CJ declared “we are to argue conscience here, not the law” our responses may have been different!

If this case goes on another appeal, it could be significant on the scope for a common intention constructive trust where there is a prior express declaration of trust caselaw.nationalarchives.gov.uk/ewhc/ch/2024/2…

@gifford_head @hjbrander @jamessflee I think it’s fair to say that @gifford_head and I have slightly different views on this. He probably regards me as something close to a Pink v Lawrence absolutist. We’ve tried to do justice to both points of view in our (hopefully forthcoming) blog.

@hjbrander @jamessflee It was a joint effort with @AndrewDayLegal and we are waiting to see if it will be published on the FLJ Blog! I think the hard position is the one following Pink v Lawrence (1978) 36 P & CR 98 viz. the doctrine of constructive trusts only applies when there is no express trust.

@gifford_head @RhysTaylor32 @MWHoyle19 @fr_journal Looking forward to hearing from you. Hope you received the first draft sent via your clerks.

@AndrewDayLegal @RhysTaylor32 @MWHoyle19 @fr_journal Thanks very much! Sounds good! I’ll try to email you tomorrow.

@gifford_head @RhysTaylor32 @MWHoyle19 @fr_journal I’d be open to collaborating on this if you don’t want to do all the heavy lifting.

@RhysTaylor32 @MWHoyle19 @fr_journal I'm sure I could help with that. Do you have a specific blog editor I should email?

I enjoyed working with my @StIvesFamily colleague @Charmian2016 on this piece, published today on the @fr_journal blog:

NCDR Redux: The Impact of October’s CPR Amendments ⁦@nicholasallen29⁩ ⁦@RhysTaylor32⁩ financialremediesjournal.com/content/ncdr-r…