Wednesday, 3 June 2015
Sunday, 31 May 2015
The Queen has been pleased to approve the appointment of Timothy Julian Kerr Esq QC, to be a Justice of the High Court with effect from 4 June 2015 on the retirement of Mr Justice Eder.
The Lord Chief Justice will assign Mr Kerr to the Queen’s Bench Division.
Mr Kerr, 57, was called to the Bar by Gray’s Inn in 1983 and took Silk in 2001. He was appointed a Recorder in 2008 and is approved to sit as a deputy High Court Judge. He served as a Fee-paid Chairman of the Employment Tribunals (England and Wales) from 2001 to 2006.
Mr Justice Eder was called to the Bar by the Inner Temple in 1975 and took Silk in 1990. He was appointed a Recorder in 1996 and a Judge of the Queen’s Bench Division of the High Court in 2011.
& to replace one of my favourites on the High Court Bench (and Birmingham DCJ before then) ....a commercial/shipping silk from 7KBW:
Thursday, 28 May 2015
Tuesday, 19 May 2015
Just a few judicial appointments in case you had missed them:
To replace Sales LJ in the Chan D - Richard Snowden QC formerly of Erskine Chambers.
His Honour Judge Mackie CBE QC who used to run the London Mercantile Court has retired. He appears to have been replaced by HHJ Waksman QC -although it is unclear whether this is permanent or indeed whether HHJ Waksman QC has left his North-Easter Mercantile Court post (where he was very popular and effective).
I note that His Honour Judge Peter Thornton QC has had his term of office as Chief Coroner of England and Wales extended to 1.10.16 which is excellent as Coroners are still (in my experience) in need of a firm coordinating hand.
Eder J has retired from the QBD. No news on his replacement which I have seen....
Rose J has been made President of the Upper Tribunal Tax and Chancery Chamber to replace Warren J.
& the old LCJ, Lord Judge has been made Chief Surveillance Commissioner to replace Rose LJ.
The role of the Commissioners is to provide oversight of the way in which all public authorities in the United Kingdom (with the exception of the Security Services) carry out covert surveillance. The covert surveillance techniques overseen by the Commissioners include property interference, directed and intrusive surveillance, the use of covert human intelligence sources and the investigation of encrypted data. These techniques are governed by Part III of the Police Act 1997 and Parts II and III of the Regulation of Investigatory Powers Act 2000.
Sunday, 10 May 2015
Do you recall when there was no Human Rights Act 1998 but yet Judges applied the ECHR to English Law because it was our international obligation to do so? If the HRA is repealed - will there be any real difference from what obtained before? Unless, of course, we are going to withdraw from the Council of Europe? Really? Winston would be turning in his grave. & what of the EU Charter of Fundamental Rights - that will still be binding right - oh wait,....there's going to be that EU Referendum we have been promised............GULP.....
WEST LOTHIAN QUESTION
English Parliament? English Grand Committee of the UK Parliament? More devolution? Federation? Empowered English Mayors and super local authorities? Time for a Constitutional Convention to sort the lot out?
ELECTORAL REFORM AND SHIFTING THE BOUNDARIES
Boundary change could cement a Tory majority in England forever. Proportional Representation would do the opposite? Yikes! Check out the boundary changes proposed last time by the Tories: HERE
LEGAL AID AND ACCESS TO JUSTICE
Apparently he wrote a book once in which he said:
'The problems we face are compounded by the dogged refusal of too many in the legal establishment to put the defence of our civilisation ahead of the defence of the traditions with which their profession has grown comfortable.'
Right to a fair trial? Right to competent representation? Right to remain silent? Right to plead Not Guilty without worrying about Court Fees? Right not to have safeguard your children or fight for your share of the matrimonial money pot without a lawyer? Which of these old fashioned traditions should we grow less comfortable with? Which one of these traditions should we stop defending? Which one of them does not define our civilisation which Gove wants to defend in any event? Cart before the horse - it is only by defending these "traditions" that we maintain our claim to be the very civilisation which Gove wants to defend............... Still he'll look lovely in the Chancellarian tights.....
Might be time to build and man those metaphorical barricades.........You'll be missing the breaking effect of those lovely Lib Dems you voted out....Bless 'em, you're going to miss 'em..........
Sunday, 3 May 2015
Succession to the Crown not to depend on gender
In determining the succession to the Crown, the gender of a person born after 28 October 2011 does not give that person, or that person's descendants, precedence over any other person (whenever born).
Which means that the new Princess of Cambridge (not the first, check out the Grand Duchess of Mecklenburg-Strelitz - can't find a Princess Charlotte of Cambridge - but did find one of Wales, which is what she will become if she does not marry before her father becomes Prince of Wales - she would have come Queen Regnant instead of Victoria, but died aged 21) will be 4th in line to all 16 thrones inhabited by the UK Sovereign regardless of the gender of any further Cambridges:
The action of bringing the change into force was repeated around the 16 realms on 26.3.15 - e.g. Australia:
Succession to the Crown Commencement Proclamation 2015
This instrument commences on the day, and at the time, it is registered.
By His Excellency’s Command
Curiously Canada assented to our Bill rather than make their own, because they didn't think that they had any laws of succession of their own.....although I gather their is legal action....
2. The alteration in the law touching the Succession to the Throne set out in the bill laid before the Parliament of the United Kingdom and entitled A Bill to Make succession to the Crown not depend on gender; to make provision about Royal Marriages; and for connected purposes is assented to.
Wednesday, 29 April 2015
(2) It shall be the duty of the Director[, subject to any provisions contained in the Criminal Justice Act 1987]—
(a) to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force (whether by a member of that force or by any other person);
& "conduct" includes bringing such proceedings to an end: section 15
We are lucky to have her and not a politician or an elected prosecutor or a supposedly French style independent investigating Magistrate.
She makes hard tough decisions on a daily basis, and no doubt gets it wrong from time to time, being human etc.
& as Lord Bingham made clear in R v Director of Public Prosecutions, ex p Manning  1 QB 330, once she has made her decision, she is answerable to the AG but save in exception circs giving rise to grounds of JR, nobody else:
We all have a right to express an opinion about her decisions, but not at the expenses of undermining the integrity with which this important office must be vested.