Carl Gardner

The Supreme Court’s JR38 judgment
— in a few sentences

July 1, 2015

In the JR38 case, the Supreme Court today dismissed the appeal of a young man who’d argued that his article 8 Convention right to respect for private life was breached where newspapers published, on the police’s request, photos of him apparently taking part in a riot, aged 14. Here’s my legal analysis, in a few sentences, of what the Justices […]

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Supreme Court: Publication of child rioter’s photo doesn’t interfere with private life

July 1, 2015

In the JR38 case, the Supreme Court today unanimously dismissed the appeal of a young man who’d argued that his article 8 Convention right to respect for private life was breached where newspapers published, on the police’s request, photos of him apparently taking part in a riot, aged 14. But the Justices were not unanimous […]

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Could Greece take Europe to court?

July 1, 2015

Could a desperate Greece go to court over its financial dispute with Europe? The crisis is more about politics and finance than it is about law. But some reports have suggested Greece might take legal action. So let’s look at the relevant legal texts, and some ways in which – theoretically, anyway – Greece could take its case to European Court of […]

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Of course the DPP must not resign over Janner

June 29, 2015

The CPS has announced that Lord Janner is to be prosecuted for child sex offences alleged to have been committed between 1963 and 1988. This follows a review by David Perry QC under the Victims’ Right to Review Scheme, reversing the DPP’s original decision that prosecution would not be in the public interest. The CPS […]

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Same-sex marriage: the US, Europe and the Obergefell questions

June 25, 2015

The US Supreme Court’s opinion in Obergefell v Hodges – it may come out today, or next week – will be historic whatever it decides. The main question is whether the Fourteenth Amendment to the US Constitution with its guarantee of the “equal protection of the laws” requires states to allow same-sex marriage. Either it […]

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Proportionality, at length: the Supreme Court’s “QASA” ruling

June 24, 2015

The Supreme Court has in today’s judgment in R (Lumsdon) v Legal Services Board ruled lawful the Quality Assurance Scheme for Advocates, as approved by the Legal Services Board. The scheme will require advocates to seek accreditation, which will require performance assessment by trial judges. The judgment’s unsurprisingly been welcomed by the Legal Services Board, […]

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Will Obamacare survive “destructive analysis”?
King v Burwell in the US Supreme Court

June 23, 2015

It may be on Thursday; it may be next week. But soon, the US Supreme Court will give its opinion in King v Burwell, a case on interpretation of the Affordable Care Act with huge potential consequences for President Obama’s healthcare reform. From an English point of view, the legal argument being made for the […]

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First Reading: Ellie Cumbo on her
Ground of Divorce and Dissolution Bill

June 19, 2015

I met the campaigner Ellie Cumbo earlier this week to discuss her Ground of Divorce and Dissolution Bill, published here yesterday. We talked about why she wants to bring in “no fault” divorce, how her model would work, and why she thinks divorce reform is such a difficult subject. She says – Where I think […]

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First Reading: Ellie Cumbo’s
Ground of Divorce and Dissolution Bill

June 18, 2015

First Reading is a new regular feature in which I ask campaigners, writers and thinkers what law they’d change, if they could table their own “private person’s bill” in Parliament. My first guest is the campaigner and policy researcher Ellie Cumbo – and here’s her Ground of Divorce and Dissolution Bill, to radically reform the law […]

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Psychoactive substances: Labour’s February 2015 amendment to the Serious Crime Bill

June 8, 2015

Anyone following the progress of the Psychoactive Substances Bill (the general principle of which which be debated on Second Reading in the House of Lords tomorrow) may be interested in this amendment tabled by Labour’s Home Affairs team (as “NC21″) at Report Stage on the Serious Crime Bill earlier this year. New psychoactive substances (1) It is an […]

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