Thursday 28 February 2013

Nowt wrong with juries

3 years ago I wrote this.

The first Vicky Price jury should not have been discharged.  It should have been told to only consider the evidence heard in Court and left to deliberate.  Juries are independent and free - they can reject the evidence, reject the Judge's directions and should not be discharged for recalcitrance   Recalcitrance is what they do best.  It is what they are there for.  It does not bring justice into disrepute, it is what justice is.  Juries should only deliver a verdict on the evidence heard in Court, but they cannot be compelled to do so.  They cannot be compelled to do anything.  Long may that remain so.

Sunday 3 February 2013

Another brilliant judgment from Swift J.....

See it here - http://www.bailii.org/ew/cases/EWHC/QB/2012/3647.html 

Neutral Citation Number: [2012] EWHC 3647 (QB)
Case No: HQ09X03547

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL
21/12/2012

B e f o r e :
THE HONOURABLE MRS JUSTICE SWIFT DBE
____________________
Between:
JEFFREY JONES AND OTHERSClaimants

- and -


THE SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE

-and-

COAL PRODUCTS LIMITED

First
Defendant




Second
Defendant
____________________
Mr David Allan QC, Mr Ivan Bowley and Mr Benjamin Williams (instructed by Hugh James) for the Claimants
Mr Ronald Walker QC, Mr Robert O'Leary and Ms Judith Ayling (instructed by Nabarro) for the Defendants
Hearing date: 23 October 2012