The Government should be careful what it wishes for from the Supreme Court

Barristerblogger is normally risk averse when it comes to commenting on great questions of constitutional law. I have always thought it is something best left to the experts: academics like Professors Paul Craig  or Mark Elliott, for example, or former Government lawyers like Carl Gardner or David Allen Green who know how these things work from the inside.  However, since everyone else has been putting their two pennyworth into the Prorogation cases, including “Britain’s rudest manDavid Starkey, perhaps I can throw in the contribution of a polite criminal hack.

1. The Supreme Court will be criticised whatever it does

If the Court upholds the Scottish Court of Session decision that the Prorogation of Parliament was unlawful it will be criticised for making a political decision.

If it upholds the English Divisional Court it will give a gift to Scottish Nationalists who will denounce a court made up largely of English judges for over-ruling the unanimous judgment of the highest Scottish court.

Incidentally, the decision to increase the number of judges hearing the case from 9 to 11 has increased the English majority from 5 – 4 to 7 – 4. (The “non-English” judges are Lords Reed and Hodge from Scotland, Lord Kerr who is from Northern Ireland and Lord Lloyd-Jones who is Welsh). Continue reading “The Government should be careful what it wishes for from the Supreme Court”

There are dangerously authoritarian tendencies in green politics

I am not going to criticise Greta Thurnberg but it would be wrong if the climate rebels of Extinction Rebellion and green political theorists were given a free ride because of our admiration for an undeniably impressive 16 year old.

As Extinction Rebellion was making its final preparations for its Easter campaign of civil disobedience, my brother Tom was selected as one of the Green candidates for the Euro elections that may not, but probably will, take place next month. He would make an excellent and hard-working MEP, and after waiting in Cornwall for years for the right wave to come along, a combination of indignation over climate change inaction and the Brexit debacle may now give him an opportunity to surf his way into power.

In the still improbable event that he is elected, I wish him well. As his political career takes off I will be content to be Piers to his Jeremy: an eccentric blogger brother of whom he is always slightly embarrassed. Continue reading “There are dangerously authoritarian tendencies in green politics”

Lessons from the Ipswich Family Court: 7 mistakes that litigants in person often make

If only I had the near miraculous ability of Gordon Exall, editor of Civil Litigation Brief, to convert complex and often rather turgid case-law into manageably-sized blogposts of crystalline clarity. Sadly he hasn’t yet done that to the extraordinary matrimonial case of VW v. BH, and I doubt that he will because Gordon’s posts tend to be aimed at legal practitioners. The lessons of VW v. BH, a divorce case recently heard by HHJ Lynn Roberts at the Ipswich County Court, are more for those attempting to litigate without lawyers.

HHJ Lynn Roberts

Before we dive into the detail of the case, a warning: I really don’t know a great deal about family law. I tried my hand at it many years ago and found that I was pretty hopeless. If you want to read a blog by someone who really knows about family law, I would recommend either Lucy Reed’s Pink Tape (Lucy has also written the fantastically useful Family Court without a lawyer, a handbook for litigants in person), or David Burrows, who likes to concentrate on broader questions of family law policy.

What I do know is that the disputes are usually about money or about children. The days when the evidence from the latest celebrity defended divorce could fill the Sunday papers – seedy Brighton hotels with private eyes examining the sheets, hoping that the Queen’s Proctor would not smell a rat, and so on – have long since gone the way of co-respondent shoes. Continue reading “Lessons from the Ipswich Family Court: 7 mistakes that litigants in person often make”

Abi Wilkinson should be ashamed of her abuse of Danny Finkelstein

Danny Finkelstein – or Baron Finkelstein of Pinner to give him the title he hardly ever uses – has become the latest person to be the object of a twitter hate campaign.

He is, according to Abi Wilkinson, a Corbyn-supporting journalist, “a racist scumbag” who is “chill with ethnic cleansing.”

It may seem surprising that Finkelstein, former member of the SDP and since that party’s demise a leading voice of “moderate” Conservatism, should be so characterised, even by Wilkinson who believes that “incivility isn’t merely justifiable, but actively necessary.”

His columns in The Times are typically reflective, considered and measured. This has not prevented him sometimes receiving the most appalling online abuse, accusing him of defending paedophilia, for example, because he expressed scepticism about groundless allegations levelled at politicians. Continue reading “Abi Wilkinson should be ashamed of her abuse of Danny Finkelstein”

I’m a Remainer but I’m not campaigning for a second referendum

Last Saturday something like 100,000 people marched through Westminster demanding a second referndum on any final Brexit deal. The “People’s Vote” petition has gathered what, at present, seems a fairly modest number of 145,000 signatures at the time of writing, asking for the same thing. According to the Petition:

The future of this country and young people is too important to be decided by politicians alone, who cannot unite around the national interest.”

It is a mirror image of the argument that “politicians alone” should not have decided on our continued membership of the EU; a populist, anti-representative-democracy, argument that led directly to the 2016 referendum. Continue reading “I’m a Remainer but I’m not campaigning for a second referendum”

Secret Barrister Set To Become Special Tribunal Judge

The leaked news that the Secret Barrister, who recently published the critically acclaimed The law and how it’s broken, has been appointed as a Special Tribunal Judge has come as a surprise to his or her many fans.

The Special Tribunal is a little-publicised court that sits in private at undisclosed locations, including, according to some unconfirmed rumours, the Cold War nuclear bunker inside Box railway tunnel in Wiltshire.

Box Bunker

Created by the anodyne sounding Court Publicity (Amendment No. 2) Regulations 2015 under the Civil Contingencies Act 2004, a Special Tribunal can be convened, according to Paragraph 1 of Schedule 4, whenever the Minister of Justice certifies that a secret court hearing is necessary:

in the interests of national security, maintaining public confidence in the justice system or when for any other reason the Minister believes a closed hearing would be expedient in the interests of justice.” Continue reading “Secret Barrister Set To Become Special Tribunal Judge”

Sergei Skripal: The Shadow Home Secretary speaks out.

Today’s Diane Abbott interview with Mishal Husain in full and unedited.

She could be the next Home Secretary.

Listen here at 2.41.15

Continue reading “Sergei Skripal: The Shadow Home Secretary speaks out.”

Breitbart London editor Raheem Kassam goes shopping

Good morning Sir, how can I help you?

Shut up dickhead. You’re not a journalist. You don’t get to ask me questions.

Very good sir. By all means have a look around. We’re open till 5.30.

What a loser. Don’t you have anything better to do than sit around in this scummy shop all day? I’m just in from the States, where I spend a lot of time.

How nice. I hear it’s been unusually cold over there recently. Continue reading “Breitbart London editor Raheem Kassam goes shopping”

The deaths of the Aberystwyth lynxes: a reappraisal and an apology

Sometimes Barristerblogger rushes to post a blog, often over the weekend, and often about a subject which he only half understands. Sometimes it hits the right target, sometimes it misses spectacularly. That’s the risk with a blog. Generally speaking I will leave the post up unaltered, leaving it to the commenters to eviscerate it if necessary. Just occasionally I am left with serious regrets that a well-intentioned post may have serious consequences for innocent people, and that is the case with my last post, which I could not resist titling The legalised lynching of Lillith the lynx.

When it was first posted I was quite happy with it, the only immediate regret being that I couldn’t somehow work a Welsh word beginning with “ll” into the title. Continue reading “The deaths of the Aberystwyth lynxes: a reappraisal and an apology”

The legalised lynching of Lillith the lynx

By all means read this post, but insofar as it is critical of Andrew Venables, it is wrong.  Please read this update which sets the record straight. It is in fact rather a good example of rushing to judgement without appreciating the full facts. I am leaving it up here, partly as an example of how dangerous it is to leap to conclusions on the basis of inaccurate evidence, and partly because despite the inaccuracies about the shooting, there is still a good case for lynxes to be reintroduced into the British countryside.

What a sad tale it is of Lillith the baby [“juvenile” would be a more accurate word] Eurasian lynx, shot and killed in an Aberystwyth caravan park last Thursday. Ceredigion Council, who took the decision to kill the escaped animal on the grounds of “public safety,” had a good chance to capture her alive when she was spotted sleeping under an unoccupied caravan. According to Lillith’s owner Tracy Tweedy she could have been caught there and then, had it not been for a bungling council official who seems to have been over-concerned to follow the somewhat impractical official protocol for dealing with a sleeping lynx:

The caravan was boarded in on three sides with decking and all we had to do was sling a net across the back and we would have had her trapped. Unfortunately, one of the officials insisted that he needed to photograph her and make a positive ID before we were allowed close. He slipped and fell going up the bank which startled her causing her to run past him and off across the fields.” Continue reading “The legalised lynching of Lillith the lynx”