I’ve just checked the author, Christian Smith, out on LinkedIn.
His only practical experience in the UK was as an associate for three years for a sports law firm called Solesbury Gay Limited, that ceased operating whilst he was there and whose licence to practise was revoked the month afterwards, following which he appears to have decided to engage in a career in journalism. It’s not clear why their licence was revoked, but at best I would suggest it was because they were unable to generate enough work to meet their regulatory obligations, at worst because of matters of professional misconduct. If they been moved on as a going concern then I wouldn’t expect to see a revocation, especially so promptly. SRA link here:
Solesbury Gay Limited - 648998, Linstead House, 9 , Disraeli Road, , Putney, London, , SW15 2DR
www.sra.org.uk
He didn’t attain his legal qualifications in the UK (New Zealand) and whilst that of itself isn’t a bar to having a successful legal career in this country, it’s certainly a worthwhile factor to consider when taken in conjunction with someone’s career achievements.
So, based on the foregoing I would say he has insufficient real and practical experience on the subject matter to hold a legal opinion that should be given any meaningful weight. The extent of his practical legal experience was as an associate for a firm that failed, following which he decided to switch careers.
That will have entailed a huge reduction in his potential earnings. Not holding that against anyone, but it is perfectly reasonable to take that into account when evaluating what weight to attach to an article where he offers his opinion on a finding of law and its implications. It’s perfectly reasonable to conclude that if his opinions and analysis were worthwhile then he’d still be in practice. And he’s not.
So his assessment may not be biased, but personally speaking, in the context of being invited to give it any weight, I don’t think it’s worth a wank.