BETTER OFF OUT: RUSSIA & THE EUROPEAN COURT OF HUMAN RIGHTS

In an article published in the Law Society Gazette today (25.09.2017), see here, Jonathan Goldsmith suggests that Russia should be “left out in the cold” with respect to the Council of Europe, due to its “illegal” annexation of Crimea. He does not state exactly what he means by the above phrase but seems to suggest that it would be better…

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Court Strikes Blow Against Trump’s Crackdown on Sanctuary Cities

In a further set back to the Trump Administration’s immigration agenda (championed by the Attorney General Jeff Sessions pictured above), a federal judge granted the City of Chicago an injunction against the effect of an Executive Order that would restrict federal funding to Chicago if it remained a ‘sanctuary City’. The injunction will preserve the status quo ante until the…

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HATE SPEECH LAW DEBATE

Below is a good video extract from a hate speech debate.  The speaker highlights the role of the UN & former USSR in the development of hate speech laws and the fact that it was designed to stifle a specific idea.  The motion is whether free speech should include hate speech and the speaker calls the idea of hate speech…

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Comments on the Lammy Review on the Criminal Justice System

The review by MP & Barrister David Lammy has just been published; see here for the "call for evidence analysis" and here for the full review.  The review is said by some to have 'exposed' racial bias within the Criminal Justice System, see here.  Lammy himself claims that the racial bias in the Criminal Justice System is a "ticking time bomb", see here.…

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ECJ RULES THAT VISEGRAD NATIONS MUST ACCEPT MIGRANT QUOTAS

The ECJ has rejected a challenge by Hungary & Slovakia, which was supported by  Poland (the Visegrad Nations minus the Czech Republic), to a supposedly temporary measure made by the Council of the European Union that required them to accommodate a specific number of migrants and/or purported refugees. I wrote a brief article on the case opinion given by Advocate…

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SDT SHOWS CLEMENCY TO SOLICITOR WHO BACKDATED LETTER

A solicitor who backdated a letter as part of a relief from sanctions application has been permitted to remain in practice. See here for the Law Society Gazette Article. Naomi Duxbury Tetley, who had practised as a solicitor since 2010, backdated the letter to avoid a professional negligence action. She was said to have been in an extreme panic and…

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FREE SPEECH FOR ADVOCATES OF SHARIA LAW

I noticed this-story about a Muslim convert who refused to stand during a Court hearing. The Defendant should have been required to stand in order to show respect for the proceedings but this is not what caught my interest. Apparently the Defendant is prohibited by a 2014 Anti Social Behaviour Order (ASBO) ‘from approaching members of the public in order…

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Free Speech and the Viscount St Davids Case

Rhodri Colwyn Philips, whose hereditary title is Viscount St Davids, recently abandoned his appeal against his sentence under section 127 of the Malicious Communications Act 2003. He withdrew his appeal after being informed by Judge Deborah Taylor, the Recorder of Westminster sitting at Southwark Crown Court, that the appeal could result in his sentence being increased. Viscount St Davids was…

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“Hate is Hate” – Words of Wisdom from the DPP

The CPS have recently issued a statement concerning online ‘hate crime’. Here is the statement for racially and religiously aggravated ‘hate crimes’; similar ones are available on the CPS website for crimes motivated by the victims disability, sexuality etc. There does not appear to be anything new in this guidance, for instance a new interpretation of the legislation or new…

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Divorce Reform – Tini Owens Appeal heads to the Supreme Court

Further to my last article, see here, on the subject of divorce reform and the Tini Owens case, Mrs Owens has been granted permission to appeal to the Supreme Court. A date has not yet been set for the hearing of the Appeal. Tini Owens’ barrister, Philip Marshall QC, is expected to argue that the Matrimonial Causes Act 1973 presents…

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