REFLECTIONS ON THE ALISON CHABLOZ CONVICTION; IS HOLOCAUST DENIAL NOW A CRIMINAL OFFENCE?

Alison Chabloz was convicted recently of an offence under section 127 of the Communications Act 2003, for uploading to Youtube, three songs that she performed.  The songs included lyrics stating that, the gas chambers in WWII were a fabrication, the diary of Ann Frank was inauthentic, Elie Wiesel’s account was falsified for personal gain and that Jews control the mass media…

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GENERATION IDENTITY: THE EQUALITY ACT & EMPLOYMENT LAW

There have been news stories recently about the co-leader of the British branch of Generation Identity (“GI”), Mr Tom Dupre', and his employer, Standard Charted PLC.  The headlines state that Mr Dupre' has been ‘fired’ but from reading the actual content of the stories, it appears that Standard Charted have simply confirmed that he is no longer an employee.  Allegedly,…

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Tini Owens case being heard in Supreme Court

The Tini Owens appeal is currently being heard by the Supreme Court.  The Appellant's solicitor, Mr Beecle, has stated that the appeal is not an attempt to change the law but instead concerns the correct interpretation of section 1(2)(b) of the Matrimonial Causes Act 1973.  This states: "the Respondent has behaved in such a way that the petitioner cannot reasonably be expected…

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DISHONEST CLAIMANT LEFT WITH DEBT TO HOSPITAL IN CLINICAL NEGLIGENCE CASE

A dishonest Claimant, who exaggerated the extent of his injuries, was left with a debt to the Defendant hospital, at the conclusion of proceedings, see here Liability was admitted.  The Claimant had intimated a claim for over £800,000.  Investigations carried out on behalf of the Defendant showed that he had exaggerated and lied about his injuries.   This included the false claim that he…

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ASSESSING DAMAGES FOR BREACHES OF RESTRICTIVE COVENANTS – NEW SUPREME COURT RULING

The Supreme Court has recently issued guidance for assessing damages in claims for breach of restrictive covenants.  See here for the press summary and here for the full judgment. The Supreme Court held that the trial judge and the Court of Appeal had adopted the wrong approach.  The gist of the claimant’s case was that it suffered financial loss in the form of lost profits and goodwill.  Whilst…

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ENOCH POWELL; CENSORSHIP & MODERN HATE SPEECH LAWS

50 years after the event, Enoch Powell’s ‘Rivers of Blood’ speech is causing controversy, thanks to complaints by Labour Peer, Andrew Adonis about the BBC’s plan to play the speech as part of a documentary which will analyse it and discuss the subject matter. Adonis does not believe the BBC should broadcast the actual speech.  He has been told that…

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LEGISLATING AGAINST SOFT ATTACKS ON FREE SPEECH – PART III – BOYCOTTS

This is the final part of a 3 part article, titled ‘Soft Attacks on Free Speech’ (see here for part II, which has a link to part I).  In this part I briefly look at boycotts and conclude that whilst they can sometimes be regarded as contemptible, with false justifications being provided for them, there should not be a law against…

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LEGILSATING AGAINST SOFT ATTACKS ON FREE SPEECH – PART II SERVICES

This is part 2 of a 3 part article about ‘Soft Attacks’ on free speech.  By ‘Soft Attacks’, I mean methods of curtailing free speech, other than via the criminal law or civil injunctions.  I am referring specifically to economic pressures that limit freedom of speech and arguments for legislating against this.  These are powerful pressures and thus the description…

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MARK MEECHAN CONVICTED FOR VIDEO OF SALUTING PUG – THE REACH OF ‘HATE SPEECH LAWS’

Mark Meechan has been convicted of a criminal offence by a Scottish Court, following a video he made involving his girlfriend’s pet pug, see here.  The video showed the pug performing Roman salutes to images of an NSDAP rally filmed at the 1936 Olympic Games.  The pug responded to Meechan’s statements such as “Sieg Heil” and “gas the Jews”. Meechan…

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SEX NOT A NECESSARY COMPONENT OF MARRIAGE

According to Mr Justice Munby in a recent judgment, sex is not a necessary component of marriage, see here.  He said that this judgment would surprise members of the public. It also surprised me, a lawyer but not a family practitioner.  I had always thought that a marriage could be annulled due to a lack of consummation, although perhaps this…

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