Law

I like Jonathan Calvert and Heidi Blake of the Sunday Times. I will not pretend they are anything like close friends or family. I doubt if I see them more than once a year. But before you read any further you should know about our acquaintance. It is important for journalists to declare their interests. Readers must be free to make up their own minds, even if I believe – especially if I believe – that a friendship or family bond could never influence my writing. In a few days, the Sunday Times will apply for the right to appeal against a decision by Mr Justice Tugendhat from July last

A friend of mine, quite a distinguished lawyer, takes the view that marriage ceased to make sense after no-fault divorces came in. What, he says sternly, is the point of a contract when there’s no sanction if you break it? Well, quite. But if no-fault divorce pretty well invalidates marriage after the event, prenups do quite a good job of undermining it beforehand. The point of marriage is that it’s meant to be a lifetime affair – the hint being in the ‘til death do us part’ bit – and the point of prenups is that they make provision for the thing ending before it even gets underway. You’re putting

Litigants in person – individuals representing themselves, rather than relying on a lawyer – have always been a feature in courts, and are the source of the aphorism ‘a lawyer who represents himself has a fool for a client’. While the profusion of courts means there are no easily available statistics as to their numbers, as late as 2011, about one fifth of cases featured litigants in person. Since the government slashed legal aid in April of last year, the number of them has exploded. While the funding for these cases has vanished, the right to go to court has not. The most recent set of figures is for autumn 2013 –

Way back in the late 1990s, I spent a lot of time in court. What happened, see, was that in the wee small hours of a drunken Edinburgh morning, my friend Jonny and I took a shortcut home through the disused railway tunnel that runs under Holyrood Park. I’d been through it many times, being enraptured with the magic of abandoned urban spaces and, perhaps more to the point, stupid, but never before had it contained a gang of pissed-up youths on a rampage. This time it did, and they put us in hospital. Various arrests followed pretty swiftly. Scottish papers were interested, what with my father being in the

It’s a real pleasure looking through the first few editions of the Spectator from 1828, where the police reports and brief news items conjure up the England of Dickens and Trollope. There’s a man who comes before the court for throwing his wooden leg at people and is reprimanded by the judge. In a riotous atmosphere in court, the pauper explains that he can’t very well work with a leg that’s a foot and a half too short. Eventually, the Lord Mayor intercedes: ‘Defendant, I have prevailed upon the parish to put you once more upon your legs properly; and let me entreat you never to throw away an old

Farewell then Sunny Hundal. The libellous blogger and tweeter has announced that he is no longer going to keep up his self-published website ‘Liberal Conspiracy’. One reason – far beyond satire – is that he is going to go to the University of Kingston to lecture on journalism. Sunny is perhaps not best placed to inform them on basic journalistic standards. As I have written here before, some years ago Sunny had to pay out and publish a wholesale apology to me after libelling me on his website. On that occasion he published outright falsehoods, though his more typical style has been to settle for selective quotation, misquotation and misrepresentation.

Sir Brian Leveson, who has ascended from his inquiry podium to President of the Queen’s Bench Division and Chairman of the Sentencing Council, seems to be getting a taste for public appearances. Last week he frustratingly stonewalled two parliamentary committees who had the temerity to ask for some post-publication thoughts on his report into the press, saying ‘I am a serving judge. It would be absolutely inappropriate for me to come back into the question of my report or regulation of the Press.’ A parliamentarian, Philip Davies, called him a ‘berk’ in consequence. Mr S has heard a few of the good judge’s learned friends express a similar view over the years.

As Edmund Burke wrote: ‘Manners are of more importance than laws. Upon them, in a great measure, the laws depend.’ Testify, brother – and if our lawmakers have no manners, then we are really up a creek. As Spectator columnist James Forsyth noticed yesterday: ‘Quite remarkable that no MP has offered Jo Swinson, who is seven months pregnant, a seat. Really shocking manners and decency.’ Swinson didn’t help matters when, according to the Mail, she said it would have been ‘quite sexist’ to suggest she was not capable of standing. I wonder how damaging that sort of attitude is to feminism in general? One of the persistent grumbles I hear

The Director of Public Prosecutions, Keir Starmer, yesterday declared that it was right not to prosecute doctors who authorised abortions which, according to a Telegraph investigation, were requested because of the gender of the foetus. It seems that the women mentioned more than one reason for the abortions so it wasn’t possible to isolate the gender selection element from the other factors. ‘The only basis for a prosecution would be that although we could not prove these doctors authorised a gender-specific abortion, they did not carry out a sufficiently robust assessment of the risks,’ he said. And just what might a ‘robust’ assessment of risk amount to? As Mr Starmer made clear it’s

The High Court has rejected the “bedroom tax” claimants’ case. In a ruling issued earlier this morning, Lord Justice Laws said that ‘the PSED [Public Sector Equality Duty on the benefit reforms] was fulfilled; and the effects of the HB [Housing Benefit] cap were properly considered in terms of the discipline imposed by the requirement of proportionality.’ On the point of the government providing additional help for disabled people affected by the cap, the judge wrote: ‘provision of extra funding for DHPs [‘discretionary housing payments’] and advice and guidance on its use cannot be said to be a disproportionate approach to the difficulties which those persons faced.’ Laws added that certain arguments of the claimants