Al-Khawaja & Tahery v UK: Lord Irvine vindicated

December 15, 2011

In his lecture last night, Lord Irvine invited British judges to become more assertive in deciding human rights cases for themselves, agreeing or disagreeing with the European Court of Human Rights, as they see fit. Today’s judgment from the European Court in Al-Khawaja & Tahery v UK vindicates, at least in part, Lord Irvine’s claim [...]

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Lord Irvine: British judges should decide human rights cases for themselves

December 14, 2011

Lord Irvine tonight weighed in to the debate about Britain’s relationship with the European Court of Human Rights – and effectively accused the Supreme Court of having surrendered its intellectual independence, and shirked its judicial responsibility. His at times toughly-worded lecture to the UCL Judicial Institute and the Bingham Centre for the Rule of Law [...]

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“Prior protection”: Davies and Campbell are right

December 2, 2011

Alistair Campbell blogged yesterday about his appearance and evidence to the Leveson inquiry. He had plenty to say, but I won’t repeat it – read the transcript of his evidence, and the statement he provided. What interests me especially is what he writes in that blogpost about the regime of regulation that should replace the [...]

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Lady Hale’s injudicious speech

December 2, 2011

Does Lady Hale wish she were still sitting in the House of Lords, rather than the Supreme Court? Earlier this week she gave a striking speech to the Law Centres Federation conference. She opened her remarks by saying It is not the proper role of any judge to attack Government policy yet went on to [...]

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Grieve: Contempt of Court Act “fit for purpose”

December 1, 2011

This evening the Attorney General Dominic Grieve has been speaking at City University on the subject “Contempt – a balancing act”. Here’s the draft text of his speech – it differed only slightly in delivery. In the document viewer below you’ll find my note of the most important additions and changed he made, and some [...]

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Is the government really “on the brink” of success in Strasbourg?

November 29, 2011

So the Telegraph reported the week before last, based on an interview with Ken Clarke: the Justice Secretary reveals that Britain is poised strike a deal to overhaul the controversial human rights court to stop it being used by “every individual who has lost his own particular case”. Cabinet ministers were ordered earlier this week [...]

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Iran’s clear breach of international law

November 29, 2011

A crowd of Iranian “protesters” has stormed the British embassy in Tehran today, following the adoption of a new law requiring the expulsion of the British ambassador. Of course I’ve no proof that the “protests” are planned and directed by the Iranian government, but even to consider they might be spontaneous would I think break [...]

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Why would BNP activists be at a “freemen on the land” stunt?

November 22, 2011

I must stop writing about “freemen on the land” very soon. But Charon QC linked last week to a video showing some of their antics – and watching it prompted me to do a little more research. The video records events inside Birkenhead County Court in March this year, when a large number of “freemen [...]

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Without Prejudice

November 20, 2011

In another Without Prejudice special this week Charon QC talks to David Allen Green, author of the Jack of Kent blog, legal correspondent for The New Statesman and now media correspondent for The Lawyer about hackgate,  “cod” law and “freemen on the land”, the politicisation of judges, legal aid and privacy law. They talk for [...]

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Hilarious – but dangerous – cod legalism

November 16, 2011

I wrote in August about the ridiculous “freemen on the land”, and didn’t expect to return to the subject – but have written a piece for Comment is Free today in response to yesterday’s contribution from “commonly known as dom”. What he said was rightly criticised by both Legal Bizzle and Adam Wagner at the [...]

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