Carl Gardner

The UN working group’s Assange opinion

February 5, 2016

Here’s the opinion of the UN working group on arbitrary detention, which has concluded that Britain and Sweden have arbitrarily detained Julian Assange. It calls on both countries to release him, and pay him compensation. UN Working Group on Arbitrary Detention Assange Opinion (PDF) UN Working Group on Arbitrary Detention Assange Opinion (Text) I wondered […]

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Julian Assange’s submission to the UN working group

February 4, 2016

We awoke to the extraordinary news that Julian Assange had announced he’d leave the Ecuadorian embassy in London tomorrow and submit to arrest if the UN working group on arbitrary detention turned down his complaint to them. Shortly afterwards, the BBC reported that the working group has come down in his favour. That would be […]

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Miranda: the Court of Appeal’s interpretation of “terrorism”

January 19, 2016

I’ve already criticised what I think is a fundamental contradiction undermining the Court of Appeal’s judgment in the Miranda case. But there’s another aspect of the judgment that I must mention, which may well be of more lasting importance. The power used to stop and question David Miranda is conferred by paragraph 2(1) of Schedule […]

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The self-contradictory Miranda appeal ruling

January 19, 2016

I’ve been following for some time David Miranda’s challenge to the lawfulness of his questioning at Heathrow airport in 2013. I wrote shortly after his detention; I covered his application for an injunction; I published his grounds for judicial review; I live-tweeted the judicial review hearing and analysed Lord Justice Laws’s judgment against Miranda; and […]

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The strange, slow death of the criminal courts charge

December 7, 2015

The criminal courts charge is, or was, one of the less well thought-through criminal justice reforms of recent years. Since April this year, courts have had a duty under section 21A of the Prosecution of Offences Act 1985 to impose a fixed charge “in respect of relevant court costs” on those convicted of offences. When […]

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Summary judgment: what the Supreme Court held in Sharland

October 14, 2015

In Sharland v Sharland, the Supreme Court today granted the appeal of a woman who wanted to reopen her divorce settlement on the grounds of her husband’s fraud. Here’s my technical legal analysis, in a few words, of the precedent this case lays down to bind the courts in future. RATIO—Where one of the parties […]

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Fraud unravels all: the Supreme Court divorce judgments in Sharland and Gohil

October 14, 2015

The Supreme Court has today given two judgments (Sharland v Sharland, and Gohil v Gohil) about re-opening divorce settlements on the grounds of fraud. Sharland lays down a new test in cases involving fraud, which should mean more settlements are reopened in future. Alison Sharland agreed a divorce settlement with her husband, who’d told the […]

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Pannick on the Reyaad Khan drone strike

September 17, 2015

In the Times today Lord Pannick QC discusses the recently announced RAF drone strike that killed Reyaad Khan and another British “Islamic State” fighter. He agrees with me that article 51 of the UN Charter permits defence against an imminent attack from a non-state organisation. A state, he writes does not have to wait for […]

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Stop the redestruction of Inner Temple Library!

September 16, 2015

The last time Inner Temple’s library was wrecked, it was Hitler’s bombs that did it. On the night of the 10th—11th of May 1941, London faced the most devastating attack of the Blitz. That night, the House of Commons chamber was left a smoking shell. St Clement’s Dane’s, on the Strand, was gutted. Much of […]

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If you think it was murder, say so

September 11, 2015

How many articles and blogposts have referred to Orwell’s classic essay Politics and the English Language? Well, here’s another. I’m put in mind of it by recent use of the sinister phrase “extrajudicial killing” to describe the lethal RAF strike on British “Islamic State” fighters. Bad writers, according to Orwell and especially scientific, political, and […]

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