‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’
UK Human Rights Blog, 16th October 2019
Source: ukhumanrightsblog.com
‘The Shield of Achilles, as described in the Iliad, portrays two cities. One of them is at war, circled by ‘a divided army/gleaming in battle-gear’. In the other, there is a promise of peace through the exercise of law: ‘the people massed, streaming into the marketplace/where a quarrel had broken out and two men struggled/ over the blood-price for a kinsman just murdered./One declaimed in public, vowing payment in full –/the other spurned him, he would not take a thing –/so both men pressed for a judge to cut the knot./ The crowd cheered on both, they took both sides,/but heralds held them back as the city elders sat/on polished stone benches, forming the sacred circle,/grasping in hand the staffs of clear-voiced heralds,/and each leapt to his feet to plead the case in turn.’’
London Review of Books, 26th September 2019
Source: www.lrb.co.uk
‘Are there principles that trump democracy? This was one of a number of profound philosophical and legal questions addressed by former UK Supreme Court Justice Jonathan Sumption in his recent and controversial Reith Lectures, which addressed subjects such an law’s expanding empire, the challenges posed by human rights, and the advantage of an unwritten constitution.’
UK Human Rights Blog, 29th July 2019
Source: ukhumanrightsblog.com
‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’
UK Constitutional Law Association, 18th July 2019
Source: ukconstitutionallaw.org
‘Much attention in the media and political world is paid to the senior judiciary because that is where the more newsworthy, high-profile and ground-breaking judicial activity tends to occur. But this is not where the overwhelming majority of judicial decisions are made. Thousands of salaried and fee-paid judges dispense justice at first instance in Her Majesty’s Courts and Tribunals, in decisions of acute importance to those involved in them.’
Courts and Tribunals Judiciary, 3rd July 2019
Source: www.judiciary.uk
‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’
UK Police Law Blog, 31st January 2019
Source: ukpolicelawblog.com
‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’
Garden Court Chambers, 3rd December 2018
‘The Solicitors Regulation Authority has issued a reminder to solicitors to adhere to all their professional obligations when engaged in litigation, “and not to become ‘hired guns’ just carrying out instructions that are in the best interests of clients”.’
Local Government Lawyer, 27th November 2018
Source: www.localgovernmentlawyer.co.uk
‘Regulators have vowed to take action against any solicitor found to have neglected their wider obligations simply to keep a client happy.’
Law Society's Gazette, 27th November 2018
Source: www.lawgazette.co.uk
‘Speech by Lord Justice Singh: Racial Equality and the Law,’
Courts and Tribunals Judiciary, 14th November 2018
Source: www.judiciary.gov.uk
‘Lawyers have been urged to look at radical new approaches to ‘rebrand’ justice so as to build public and political understanding of its value.’
Legal Futures, 30th October 2018
Source: www.legalfutures.co.uk
‘Speech by Lord Justice Gross: How can judges strengthen the rule of law?’
Courts and Tribunals Judiciary, 15th October 2018
Source: www.judiciary.uk
‘Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK’s constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis, we argue that the next six months represents a major test for the Rule of Law in the UK.’
UK Constitutional Law Association, 10th October 2018
Source: ukconstitutionallaw.org
‘Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together.’
Courts and Tribunals Judiciary, 10th September 2018
Source: www.judiciary.uk
‘Lord Chancellor and Justice Secretary David Gauke gave a speech at the Lord Mayor’s Dinner for HM Judges at Mansion House.’
Ministry of Justice, 4th July 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Speech by The Right Hon. The Lord Burnett of Maldon: Dinner for Her Majesty’s Judges 2018.’
Courts and Tribunals Judiciary, 4th July 2018
Source: www.judiciary.uk
‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Securing Open Justice.’
Courts and Tribunals Judiciary, 1st February 2018
Source: www.judiciary.gov.uk
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