Nice try Mr Twitter

27 05 2011

Category; Media, Law, Privacy

If the courts took the approach I recently talked about and simply used the common law to deal with the issues raised by superinjunctions it’s been suggested to me this wouldn’t cover the twitter problem…it might stop the newspapers, but it can’t stop individuals tweeting away.

Yes it can. And the head of Twitter in Europe seems to have realised that too. Tony Wang recently warned that individual users who post secrets need to watch out because the law might come after them. Read the rest of this entry »





Super Solution to Super Injunctions

24 05 2011

Category: Law, Media, Privacy

The legal earthquake over superinjunctions is the result of a number of tectonic plates crashing up against each other; European legal codes v English common law, and European privacy v Anglo-Saxon free speech.

There’s no good reason this has become such a public mess. Except that the law is not used to being hurried and lobbied and that is what has happened. A whole new, untested, area of law emerged after Max Mosley won his privacy case. The judges were thrown by this and have been struggling ever since to come up with a credible and coherent response. There is one – and it lies within longstanding English law. Read the rest of this entry »





Stay Home Sami

28 04 2011

Category: Middle East, Law, Politics

Syria finally understands the power of the international community. It has seen what happens to a state that unleashes tanks against its own people: Sami Khiyami, Syrian Ambassador to London, has had his invitation to the Royal wedding withdrawn.

KAPOW – that’s shown them not to trample on human rights. KABOOM – they’ll think twice before killing another 450 citizens.

While the West intervenes in Libya – and it is the West doing the intervening – with Syria there is a struggle to secure even measured and mumbled condemnation. Read the rest of this entry »





This is what a political minefield looks like

1 09 2010

Category: Law, Politics

The Equality Act is booby-trap legislation; strapped under the bridges in the closing days of Parliament as Labour retreated from power. I wrote of its awfulness soon after it had passed: bureacratic, high-minded, divisive, wasteful and corrupting

One facet of its awfulness has already been slapped in the face of the coalition government: The recent budget faces judicial review because it may not have adequately considered “what action they can take to reduce socio-economic inequalities“.

It’s surely bad form to quote myself, but here’s what I said about that duty:

How much time will that take? How much diversion from real work will be taking place while everyone at every level in public services performs back-covering exercises over everything.

How long do they have to consider it? How do they ‘consider’ it? Whose socio-economic inequalities? What priority should they have? When should that goal be compromised?

As Fraser Nelson points out in the Spectator there is a right stipulated in the Act  for absolutely anyone to seek judicial review of any of the Government Ministers, departments and key public bodies such as local authorities and NHS bodies listed in the Act.

It is a licence for legal mayhem and a seized-up executive. The scope for opponents of the government, and anyone with an axe to grind, to create governmental chaos, is absolutely, explicitly and legislatively unlimited. Read the rest of this entry »





Legislating without due care and attention

21 08 2010

Category: Law, Criminal Law, Politics

Solicitor Nick “Mr Loophole” Freeman is so proud of his reputation for securing acquittals for road traffic offences that he has a google ad that pops up if you type Mr Loophole. He has also trademarked the name. Read the rest of this entry »





Hypocrisy

15 07 2010

Category: Law, Middle East, Politics

Weeks have passed since it was revealed (click here for article) that Russian agents had used forged British passports.

As already noted this has not met with quite the indignation that arose when Israel was accused of using forged UK passports.

To be a little more scientific about things I’ve had a look at all specific questions about misuse of passports in Parliament in the past month or so, and the country to which they relate.

Here they are. (click on the headline or under the photo to see the list) Read the rest of this entry »





The Saucy Spy

6 07 2010

Category: LawMedia, Privacy

Anna Chapman is, allegedly, a Russian spy. She’s also young and  good looking, which makes it acceptable for her British ex-husband to sell intimate photographs of her to a British newspaper and for that newspaper to publish them.

Now that we have laws protecting privacy we still need to counter the idea that someone who is alleged to have done something ‘bad’ or ‘wrong’ loses all those rights. They don’t. Read the rest of this entry »





Clean up the mess

20 05 2010

Category: Politics, Law

The British Deputy Prime Minister has announced that some of the thousands of laws created by the last government will be scaled back.

Good thing too. There are plenty that can be got rid of, but in terms of criminal law it’s the absurd complexity that needs to be addressed head on.

I’ve devoted several posts on this blog to someone who was charged with the most minor criminal offence possible. That case was interesting for other reasons, but the procedures highlight what an unwieldy monster the criminal justice system has become.

I’ll try and break down the case so you can see what I mean… Read the rest of this entry »





Rowan Laxton – Invisible Civil Servant

23 03 2010

Category: Anti-Semitism, Law, Middle East, Politics, Rowan Laxton

 

(Update – In March 2010 Rowan Laxton was acquitted of racially aggravated public disorder after a retrial – see here for more)

Senior Foreign Office staff are listed on the internet. Here is a chart of of the top level of the Foreign Office from July 2009 - FCO Senior Management . The spot where Rowan Laxton ought to have been (Political; South Asia) is filled by Philip Barton, listed, diplomatically, as ‘Additional Director’ because Laxton was suspended pending his trial for public disorder.

Having been convicted of that offence, Laxton returned to the Foreign Office, but to what role? We don’t know and we’re not allowed to know.

Influence

This is important because it restricts what kind of job he can be doing… Read the rest of this entry »





Disarmingly Ignorant

12 03 2010

Category: Law, Politics

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

That’s the Second Amendment to the US Constitution (text from US National Archives) which is currently being considered by the Supreme Court (where its meaning is continually debated). I thought I’d experiment with a little constitutional analysis of my own… Read the rest of this entry »





Rowan Laxton – Secret Official

20 01 2010

Category: Anti-Semitism, Law, Middle East, Politics, Rowan Laxton

I have had the final word from the Foreign Office on my questions about Rowan Laxton: They are not permitted to answer any of my other questions because the information I have requested is ‘personal’ and therefore beyond the scope of the FOA; it’s personal information because it relates to a person. I can’t really argue with that; the logic is flawless. However… Read the rest of this entry »





Accidental Death of a Cyclist and Unenforced Laws

9 01 2010

Category: Law, Criminal Law, Cycling

© Danny McL

Maria Fernandez, 24, was crushed to death in June 2009 when a bin lorry which had driven onto the cyclists advance stop box failed to spot her. (click to see report on her inquest)

It’s always bothered me that there doesn’t seem to be any enforcement of the advanced stop lines and, as a result, very little observance of the rule. In my time as a criminal barrister (including for the Crown Prosecution Service) I never once came across anyone being prosecuted. Read the rest of this entry »





Too much intelligence

15 11 2009

Category: Law, Media, Politics, Rowan Laxton

I wonder if Rowan Laxton will go the way of Craig Murray, former Ambassador to Uzbekistan who quit his post and gives vent to quite extreme views, quite forcefully expressed, on his blog. It suggests a man filled with rage, and hate, bitterness and bile. It’s impossible to read more than a few lines without recoiling from the vitriol.

More seriously, in a post I read he had decided to out someone as being an SIS (MI6) operative… Read the rest of this entry »





Rowan Laxton and Too Many Laws

21 10 2009

Category: Law, Politics, Criminal Law, Rowan Laxton

The case of Rowan Laxton (see below) highlights how complicated criminal law has become: When I read all the coverage I wasn’t exactly sure what he’d been charged with.


The Press all said it was ‘Racially Aggravated Harassment,’ Isn’t that what he was charged with?

Racially aggravated harassment could actually cover a number of things… Read the rest of this entry »





Rowan Laxton – Undiplomatic

18 10 2009

Category: Law, Media, Middle East, Politics, Anti-Semitism, Rowan Laxton

(Update – In March 2010 Rowan Laxton was acquitted of racially aggravated public disorder after a retrial – see here for more)

In September 2009 I was idly looking at the BBC website and came across the case of Rowan Laxton. I wouldn’t normally have seen it; it was placed in the London section in the bottom right hand corner, the most obscure position it could possibly have been placed in with a headline “Race abuse diplomat convicted.” When I read the report I was surprised that I had not heard of the case before and that it had been hidden in the remotest corner of the BBC site. I think the case has lots of interesting aspects. Read the rest of this entry »








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