Law

No, minister: the John Worboys case should stay closed

Hard cases make bad law. The release on parole of the ‘black cab rapist’, John Worboys, is a hard case. But ministers should not be panicked into throwing open parole board decision–making to public inspection. The police have blundered, the sentence was surely too lenient, and the failure to inform his victims was disgraceful. But it was not upon some careless whim that Parliament barred parole boards from giving reasons, and the new Justice Secretary, David Gauke, should think hard before reversing the interdiction. Much of the furore provoked by the release of this serial attacker of women after ten years in prison really arises not from the parole board’s

The panic about a Brexit legal limbo isn’t justified

In widely reported remarks earlier this week, Lord Neuberger, the outgoing President of the Supreme Court, called for Parliament to tell our judges very clearly how rulings of the Court of Justice of the European Union (CJEU) are to be dealt with after Brexit. Lord Neuberger’s concern is to avoid judges being left without guidance, required simply to do as they see best, which might invite the unfair charge that they are choosing to make law, whereas in fact they would have been left with no alternative. This concern to leave political questions to the political authorities, echoed in a recent speech by the outgoing Lord Chief Justice, Lord Thomas,

No ordinary judge

Justice McCardie was anything but a conventional High Court judge. He left school at 15 and was called to the bar at 25. After ten years of provincial practice he turned down the offer from Joseph Chamberlain of a safe Conservative seat, although politics was then the conventional highway to the bench (unlike now when it is a cul de sac). He also rejected an offer of silk, after withdrawing an earlier application which he thought the lord chancellor had been too slow to consider, and was, on the initiative of H.H. Asquith, the then liberal prime minister, appointed to the bench at 47 — the youngest of his generation

Law in action

It’s like Raging Bull. The great Scorsese movie asks if a professional boxer can exclude violence from his family life. Nina Raine’s new play Consent puts the same question to criminal barristers. We meet four lawyers engaged in cases of varying unpleasantness who like to share a drink after a long day in court. They gossip about the more horrific behaviour of their clients with frivolous and mocking detachment. But when their personal relationships start to falter under the strains of infidelity, they’re unable to relinquish their professional expertise, and their homes become legalistic battlefields. This sounds like a small discovery but Raine turns it into a grand canvas. At

Does the truth about Trump’s art of the deal really matter?

How good a businessman is Donald Trump? Maybe the answer doesn’t matter, since barring death or impeachment he’ll be the most powerful man in the world until January 2021, or even 2025, come what may. Or maybe it does matter, in the sense that the only positive spin to be put on his otherwise ridiculous presidency is that the irrepressible cunning of the real-estate tycoon will eventually win through for the good of America — and thereby, we must hope, the good of the free world — against opponents who have smaller cojones and less dealmaking prowess than the Donald does. ‘He’s the closer,’ declared White House spokesman Sean Spicer,

Thank God for overpriced lawyers!

When you buy a house in Britain, there is an extensive and well-established series of checks you must perform to ensure the property is suitable for habitation. When undertaking a survey, you should ensure that the boundaries of the property conform to those recorded at the Land Registry, and that the property does not lie on a flood plain or risk structural damage from coastal erosion or subsidence. Unfortunately, there seems to be no mechanism to protect householders from the worst possible eventuality — which is to find out that you have a lawyer living next door. Wherever you have a shared wall or fence, there exist countless opportunities to

War and law

From ‘The confiscation of enemy property’, The Spectator, 17 February 1917: It is perfectly possible to remove German influences without confiscating German property. This, as far as can be gathered, is the policy which the French have followed, and in their interest as well as in our own we ought also to follow it. The Germans, to give them in this matter the full credit which is due to them, have been very slow to take any steps against British property held in Germany… We do not wish to give them an excuse for fresh crimes. Our business is to punish them as a nation for the crimes they have

Real life | 26 January 2017

The problem holding up my house move turns out to be a wiggle. Have you ever had a wiggle? It sounds jolly enough but, believe me, you don’t want to go there. If you have a wiggle in your garden, you had better be prepared for the worst. I had no idea about this wiggle, because when I bought the flat I only had my lawyer scrutinise the Land Registry documents to a normal degree, which is to say I asked him if everything was broadly all right, and when he confirmed that it was I told him to proceed. I have lived in the flat quite happily since 2002

Killer plots

We all love to mock Bond villains for their hilarious ineptitude at killing the hero. The ‘genius’ Dr No has a tarantula placed in Bond’s bed — though as it happens, tarantula bites do not kill humans except via anaphylaxis; he tries to have Bond run off the road, irradiated, and boiled alive in a nuclear cooling tank. Time and again, Bond is in the clutches of Smersh or Spectre or that chap with three nipples, and time and again they pass up the obvious bullet to the head in favour of crowd-pleasing stunts involving sharks, poison–tipped shoes, alligators, and men with giant metal teeth. Such things would never happen in

Season’s beatings

My colleagues at the commercial and chancery bar are all at their chalets in Gstaad, funded by the endless fees from Jarndyce and Jarndyce, and the family bar are out en famille in Mustique, awaiting the festive fallout — there’s something about turkey, port and the Queen’s Speech that pulls marriages apart like a pound-shop cracker, and divorce doesn’t come cheap. But for we poor criminal hacks, it’s business as usual: crime never sleeps, and never less so than when Santa Claus is coming to town. As a junior barrister I made out like a bandit. Booze flows, blood follows; office parties are a magnet to drug dealers keen to

Mob law

Frenzied outrage from Leavers and comical paeans of praise from Remainers greeted the High Court’s decision to instruct government that Parliament had to agree to the triggering of the clause that will initiate the UK’s exit from the European Union. In 406 BC, the Athenians demonstrated just how dangerous such hysterical reactions could be. The Athenians had defeated the Spartans in a sea battle off Arginousai, with the loss of 25 ships. Against all usual practice, their sailors had been left to drown, either because a storm had made it impossible to pick them up, or those in charge were at fault. The eight generals were dismissed, and six of them returned

Have gun, will kill

Woody Allen said of crime that the hours were good and you meet a lot of interesting people. I don’t know about the hours, but you do come across some fascinating types in my line of work. Among the strangest are those who resort to extreme violence at the flick of a mental switch — people whom, if they possess a gun, simply cannot avoid firing it. I’m a criminal barrister, and I remember a case in which a man changed his baby’s dirty nappy and went to put it in the bin. It was raining, and he was barefoot, so he lobbed it from a distance. Unfortunately, it sailed

Haunted by an honourable member

I was awoken late on Monday night by a horrible nightmare, one of those dreams where you cannot be entirely sure if you are asleep or not. I dreamed I was lying exactly where I was, in my bed, and this torpedo-shaped, phantasmagorical thing was zipping about around the bedroom, diving behind the wardrobe, reappearing and hovering for a moment by the window, and then shooting off towards the landing. Then it would dive at great velocity towards where I was lying, before suddenly veering off. What was this chimeric object? I realised immediately, with a chilling clarity — it was Brooks Newmark’s penis, jubilantly detached from the rest of

The turf | 15 September 2016

Say what you like about the St Leger — and I like it a lot — Doncaster’s finale to the British Classics rarely fails to provide a story. In 2012 it was Camelot’s narrow failure to become the first Triple Crown winner of the 2,000 Guineas, the Derby and the Leger since Nijinsky in 1970. Last year the filly Simple Verse was disqualified after being first past the post and then reinstated. This year it was both the dramatic tumble of the odds-on favourite Idaho mid-race and the last-gasp victory of Harbour Law, trainer Laura Mongan’s first-ever entry in a Classic. As one who has long argued that only ridiculous

Archers abusers

It’s been going on for months now and I must make a confession. I secretly endure a nightly battering in the privacy of my home; it’s been relentless, torturous and psychologically damaging. But before anyone rushes to rescue me or phones a government helpline, fearing I am the victim of some dastardly wife beater — I should explain that the culprit is Radio 4’s The Archers and its relentless and addictive domestic abuse storyline. My torment was supposed to end last Sunday night, with the conclusion of Helen Titchener’s trial for stabbing her bullying, much-hated husband Rob. When the jury foreman announced not guilty, I was with the rest of

Above the law

Because no country can interfere in another’s legal system, there is little the UK can do to help the six Britons jailed in India for possessing ‘illegal’ firearms which were, in fact, fully authorised for the protection of shipping against piracy. Where David Cameron failed, Boris might try an appeal based on ius gentium, ‘the law of nations’. Cicero was the first Roman to discuss the idea. He talked of societas (‘the state of association between people’) having the ‘widest possible application, uniting every man with every other man’. The jurist Gaius (c. AD 150) put it in legal terms like this: ‘Every people governed by statutes and customs observes partly its own peculiar law and

When more data makes you more wrong

In a one-day international against Australia last year, Ben Stokes was dismissed for ‘obstructing the field’, a rule rarely invoked in-cricket. The bowler had thrown the ball towards the wicket (and hence near Stokes’s head) in an attempt to run him out. Stokes raised his hand and deflected the ball. After some discussion between the two on-field umpires, and a referral to the third umpire, Stokes was given out. What was most interesting was the difference in the conclusions people reached depending on whether they watched the replay in real time or in slow motion (you can find both on YouTube). Seen at speed, his raising of his hand looked

A vote of confidence

During the referendum campaign, it seemed at times as if a competition was on to issue the most hyperbolic claim of what might happen should the British public vote to leave the European Union. Now politicians and commentators are competing to come up with the most hysterical assessment of the British decision to leave. Leading the field is Mark Rutte, the Dutch Prime Minister, who declared that ‘England has collapsed: politically, monetarily, constitutionally and economically.’ In other words: without us, you’re nothing. Politics in collapse? We do not want to intrude on the private grief of the Labour party but the Tories are heading into a leader-ship contest with as

Hollande equals Thatcher? Not quite, Monsieur le President, but keep trying

Have you ever tried discussing the merits of gun control with a Texan, or of deregulated labour markets with a Frenchman and his Belgian cousin? The prejudices involved are much the same. Many Americans believe that guns in the home and the pick-up truck are their best protection against violent attack, and that the 13,286 US gunshot deaths last year would have hit an even higher number if gun ownership was more restricted. Likewise, French trade unionists believe a 35-hour working week combined with laws restricting any company that is a going concern from making redundancies are the best protection of their economic wellbeing, rather than a root cause of

A QC’s guide to cocaine

As a defence silk, I come across some surprisingly intelligent drug dealers. Many of them are highly entrepreneurial and driven, and I’m often left wondering what they might have achieved if only they’d chosen a different career. Sharp operators are drawn to the narcotics trade because vast profits can be made in very little time. But then the consequences of failure, especially at the heavyweight end of the market, are rather worse than a tumbling share price. And we all make mistakes. I was recently involved in a case where a criminal mastermind had been jailed for 15 years for heroin importation, but had kept on running his empire from