What Sir Ivan Rogers did next: he was called to the criminal bar

 

January 5th 2020

Sir Ivan Rogers left the Foreign Office three years ago. Fortunately, his skills have come in very useful in his new career at the criminal bar. …

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Ah good morning Mr Bruiser, very good to meet you.

Fuck that, name’s Duncan. Are you my brief?

Yes indeed. Let’s see if we can find a free interview room for a chat.

Why do we need to chat? Haven’t you read the papers?

I have, Mr Duncan-Bruiser, sorry, I mean Duncan, but there’s one or two things which it would be very helpful to discuss with you before the trial starts. I see it’s already 10 past 10 and we have to be ready to start at 10.30. The interview rooms are all full up I’m afraid. Never mind, if you squeeze in there and keep your voice down, then I can sit on this little table here. Excellent. Cosy even. Continue reading “What Sir Ivan Rogers did next: he was called to the criminal bar”

Some rushed and barely coherent thoughts on today’s Article 50 judgment

Cases in the Administrative Court are often a bit like the Radio 4 programme You and Yours: of limited general interest. Whilst often very important for the development of the law, and for those immediately concerned, they lack the sort of immediate news value of – for the sake of argument – a rape trial involving an international footballer. Typically they will be about planning, or immigration or benefits.

This was different. It was about a question that has occasionally convulsed the nation since at least the seventeenth century: who rules Britain, Parliament or the Queen? In fact nobody contends that the Queen does so in person, but Her Government argued that the Prime Minister can do so by the use of Her prerogative. It was in fact a modern version of the Civil War, albeit conducted – in court at least – with courtesy and law reports rather than muskets and cannon balls.

No wonder the www.judiciary.gov.uk website was creaking under the strain this morning as it dealt with an unprecedented demand to download the Brexit judgment. Continue reading “Some rushed and barely coherent thoughts on today’s Article 50 judgment”

Don’t Worry, Be Happy About Brexit. Every Little Thing’s Gonna Be Alright.

I am very grateful to Philip Sinclair, Head of Maidstone Chambers, for this guest post which came about in this way:

Brexit tweets David Allen Green

You may have caught an interesting piece by David Allen Green in yesterday’s Financial Times. If you haven’t, it’s worth a few minutes of your time, but in essence his argument was that the Government is totally unprepared for the Brexit negotiations, not only does it not have a plan, it doesn’t even know what it should be planning for.

I tweeted my approval of the thrust of the piece, and Philip replied that he couldn’t have disagreed with it more. Someone suggested that he write a reply, which to his credit he has done overnight, seemingly while driving through France. He has very generously agreed to let me publish it below.

In the days after the Brexit vote, many Remainers were in shock and denial. Some remain in denial still. Continue reading “Don’t Worry, Be Happy About Brexit. Every Little Thing’s Gonna Be Alright.”

The Referendum now poses a serious threat to Parliamentary Democracy

Forget about the online petition. We do not have government by petition, particularly not when we don’t know how many of the online signatories are even British, or are duplicates, or computerised bots or in some other way bogus. No matter how many signatures the petition garners it will not result in a re-run of the referendum, and nor should it.

Forget too about Members of the Scottish Parliament metaphorically flooding down from the Cheviots, sgian-dubhs flashing in the pale northern sunlight, rushing to save the Sassenachs from the consequences of their folly. The argument – publicised and explained here by the ever-lucid Jolyon Maugham – is rather complex and explained better by him than by me but essentially it’s this: Continue reading “The Referendum now poses a serious threat to Parliamentary Democracy”

We must remain in the EU for peace and prosperity.

The time for agnosticism about the EU referendum is over. Those of us who have been sitting on the fence now need to decide which way to vote.

A few weeks ago I was still an agnostic. Not any longer. The weight of Barristerblogger is very modest – but for what it is worth it is now firmly behind the Remain campaign.

I have great personal respect for many, though not all, of the Leave campaigners but I think they have lost every important argument. Continue reading “We must remain in the EU for peace and prosperity.”