Carl Gardner

Without Prejudice

February 17, 2012

In Without Prejudice this week, regulars, Cat Griffiths (editor of The Lawyer) and barrister Nichola Higgins join David Allen Green, CharonQC and me to discuss: “alternative business structures” for legal services prayers in the council chamber and oaths in court whether judges should be involved in appraising advocates, and the arrests of Sun journalists, and [...]

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Supreme Court judgment: Sugar v BBC

February 15, 2012

The Supreme Court has today given judgment in this case, about the extent to which the Freedom of Information Act 2000 applies to information the BBC holds for journalistic purposes. I’m afraid the case has something of the Dickensian about it: Mr. Sugar (a lawyer) asked the BBC to disclose the “Balen report” – an [...]

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Strasbourg emphasises subsidiarity in freedom of expression rulings

February 14, 2012

Last week the European Court of Human Rights handed down two important rulings in media privacy cases, Von Hannover v Germany (No. 2) and Axel Springer AG v Germany. These cases, in both of which the Court favoured freedom of expression over privacy, would be interesting in any circumstances. What’s especially striking, though, against the [...]

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Without Prejudice

February 10, 2012

David Allen Green returns to Without Prejudice this week, I’m pleased to say, and Dr. Evan Harris is back with us too. Charon QC chairs as always, as we discuss the Leveson inquiry at the end of “Module 1″ – what has it achieved and what do we want to come out of it? – [...]

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Today’s “Twitter joke” appeal hearing

February 8, 2012

I was live-tweeting today from the High Court hearing of Paul Chambers’s appeal in the “Twitter joke” case – an important case not just because of the way it represents the law’s arguably problematic collision with social media but because of the freedom of expression issues is raises. The hearing was interesting from a purely [...]

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The “Twitter joke” appeal: interview with David Allen Green

February 8, 2012

Shortly after today’s hearing ended in Paul Chambers’s “case stated” appeal to the High Court in the “Twitter joke” case, I spoke to his solicitor David Allen Green – and asked him how he thought the hearing had gone. Listen to the interview here. David Allen Green interview – Twitter joke appeal by carlgardner

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Those Eurocrime repatriators

February 6, 2012

I wrote in my last post, musing on what might happen if Julian Assange were to win his Supreme Court appeal, that many Eurosceptics would prefer us simply to pull out of the entire system of criminal cooperation in Europe, and would use the difficulty to lobby hard for this area of policy to be [...]

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What if Julian Assange won? EU headache? Or Eurosceptic dream?

February 3, 2012

I doubt very much he will: I think the Supreme Court will be driven to conclude that the phrase judicial authority in the European Arrest Warrant Framework Decision is capable of including a public prosecutor, and that UK legislation giving domestic effect to the Framework Decision must necessarily have the same meaning. If they reach [...]

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Without Prejudice

February 3, 2012

Without Prejudice is back in its panel format this week, as Professor Gary Slapper, Director of NYU in London, and barrister and former MP Jerry Hayes  join Charon QC and me to discuss: why do we need law schools? are human rights “left-wing twaddle”? the power of the state – has it got too much? [...]

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Julian Assange in the Supreme Court

February 1, 2012

Julian Assange today takes his argument against extradition to Sweden to the UK Supreme Court. The hearing is due to finish tomorrow – it’s not clear yet when the Court is likely to publish its judgment. There’s one question only being argued before the Supreme Court: whether the Swedish prosecutor is a judicial authority for [...]

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