Law

Henry III vs EU law

It is no surprise that the laws imposed on the UK by a European parliament in Brussels should so infuriate the ‘Leave’ campaign. England has form here going back 750 years. Roman law has been one of the wonders of the world since its codification in the Twelve Tables (449 BC). But it is not the laws themselves that are the real point. The key lies in the way that laws were later argued over by the ‘jurists’. These started out as private, freelance legal consultants, simply earning respect for the legal advice they offered. In a case fought against his jurist friend Servius, though Cicero admitted Servius was good at ‘providing

No hiding place | 17 March 2016

My first courtroom murder case could have come straight from one of Andrew Taylor’s novels. A gruesome crime — the death of a child. And the murderer was brought to justice by exquisite detective work: police established that the killer had dug a grave but then abandoned it. They also found a witness. That was 20 years ago. The prosecution for cases that I’m involved in now have changed beyond recognition. Take number-plate-recognition technology. Most murderers drive to their victim, but now cars are tracked by cameras across the country. The police can list vehicles seen near a crime scene, then trace them back. That’s how, in 2006, they caught Steve

Barometer | 11 February 2016

Matters of life and death Lord Lucan is now officially presumed dead. How do you have someone declared dead? In England and Wales, under the Presumption of Death Act 2013… — Anyone can apply to have anyone else declared dead, but if the applicant is not a spouse, civil partner, parent, child or sibling of the presumed deceased they must show they have a significant interest. — The person should have been missing for at least seven years, but it is possible to have someone declared dead earlier if the court is convinced they have died. — It costs £480. — An order can be revoked if the person later

France’s civil war…

In the wake of the massacre in Paris, President François Hollande said that France was ‘at war’ — and that it must be fought both inside his country and outside in the Middle East. As the French air force began dropping bombs on Raqqa in Syria, another operation was under way in towns and cities across France: 168 raids in two days. A battle on two fronts has begun. Chartres cathedral is one of the great monuments of western civilisation, but Chartres was also home to one of the Bataclan theatre suicide bombers. A man from the same area died last summer in Syria, fighting for Isis. In Lyon, theraids

Why it’s important to ignore ‘international law’

Last week, I wrote about the controversy caused by the government’s revision of the ministerial code which guides ministers’ conduct. In its Blair-era version, the code said that ministers had an overarching duty ‘to comply with the law including international law and treaty obligations’. The Cameron-era version has deleted the last six words, leaving simply ‘…to comply with the law’ . This has outraged lawyers who work in this field, but what the change exposes is that international law and treaties should never have been slipped into the rubric in the first place. According to the great legal philosopher Professor John Finnis, in a blog for Policy Exchange’s Judicial Power

Will Michael Gove dare to bring Christianity into his prison reform plans?

This April, Michael Gove wrote in The Spectator: ‘To call yourself a Christian in contemporary Britain is to invite pity, condescension or cool dismissal.’ Certainly, the titters it provoked in the more left-wing corners of Twitter rather proved his point (a white man? complaining of prejudice?). On faith, as in everything else, Britain today erodes into fragments, small landscapes inhabited by the mutually deaf. I carry no brief for the man: my instinctive sympathy with his school reforms is matched only by my frustration with what Ian Leslie, in a profile published this week, calls the temperament by which Gove ‘is drawn irresistibly to the theatre of battle’. But even his greatest enemies

A Supreme Court justice and the scary plan to outlaw climate change

How do you make an imaginary problem so painfully real that everyone suffers? It’s an odd question to ask, you might think, but it’s one that has been exercising some of the brightest minds in the legal firmament, led by no less a figure than Lord Justice Carnwath of the Supreme Court. Last month, at an event whose sinister significance might have passed unnoticed had it not been for the digging of Canadian investigative blogger Donna Laframboise, Carnwath contrived to nudge the world a step closer towards enacting potentially the most intrusive, economically damaging and vexatious legislation in history: an effective global ban on so-called ‘climate change’. The setting was

Dear Mary | 10 September 2015

Q. I regularly travel on the Ashford-St Pancras train and usually put my case on the seat next to me so that passengers can pass along the aisle, after which I put it down by my feet. Last week a woman pointed at it and said loudly, ‘Does that deserve a seat of its own?’ Irritated that my travel etiquette had been called into question, I sought out the woman and tried to explain. She was rude and dismissive, said ‘Have you made your point?’ and told me to go away. I did so, because her two young children and someone I took to be her mother were seated with

Ross Clark

The law must recognise that medicine isn’t perfect and neither are our doctors

The liberal-left is very rapid to react when a terror suspect faces deportation or an extremist preacher is put under house-arrest. So why isn’t it on the streets chanting the name of Honey Rose? Ms Rose is an optometrist who appeared in court on Tuesday charged with manslaughter by gross negligence after allegedly failing to spot a condition known as papilloedema while examining an eight-year-old boy during a shift at Boots. Sadly, the boy later died. I always used to associate manslaughter with husbands who bashed their wives over the head and whom it couldn’t quite be proven that they had intended to kill them, or with muggers who assailed

Students against abortion

In November 2013, the campaign group Abortion Rights announced their first-ever student conference. It was, they explained, in response to ‘many student unions reporting increased anti-choice activity on campuses’. Societies such as Oxford Students for Life, which I’ve been part of for the last couple of years, don’t tend to think of themselves as ‘anti-choice’, but it’s true there are more of us around. The number of young people who are opposed to abortion, or at least worried about it, is growing — this despite the usual hostility from student unions. Just look at the results of a ComRes survey conducted in April. Asked whether the abortion limit should be

Barometer | 9 July 2015

Naming terror David Cameron and the BBC argued over what to call the terror group most papers refer to as Isis — with the PM preferring Isil and the BBC continuing to call it Islamic State. Two more terror groups whose names caused problems in Britain: — The Red Army Faction was a German terror group which existed between 1970 and 1998, when it declared itself dissolved. Faced with the acronym RAF, British media preferred to call the group by its nickname the Baader-Meinhof Gang. — In the 1970s Italy was terrorised by a group known as the Red Brigades, most notorious for kidnapping and murdering the former prime minister

Laying down the law

A great test of political leadership is how well you deal with vested interests on your own side. In his first speech as Lord Chancellor this week, Michael Gove has shown himself willing to tackle a profession which has long been comfortable with Conservative governments and whose reform, as a consequence, is long overdue. A legal system designed from scratch would not resemble what we have now. The only thing wrong with Michael Gove’s observation that Britain has a ‘two-nation’ justice system is that he should really have said three nations. Like the central London property market, the courts have become the preserve of the very rich and the very

In praise of charming but pointless laws – like the Magna Carta

If you peer deep into the statute book, you will see that it is still an offence to enter parliament wearing armour. Even more amazing, it has been a crime since 1313. I mention this because the moment has again come for parliament to clear some of the redundant legislative noise off its books. This is a time-honoured process, and one that is becoming increasingly complex thanks to the sheer volume of modern legislation. A cursory wander through a suitable library will reveal that the statutes passed during the reigns of our medieval monarchs are neatly grouped together in a handful of surprisingly slim volumes. Back then, good rule was

A warrant for exit

On the 12th of January, 500 of the great and good, or at any rate the well-heeled, sat down to a sumptuous dinner at the Guildhall at a cost of £500 a head. This was to celebrate the 800th anniversary of Magna Carta, widely regarded as one of the most important documents in the world. Celebrate? A funeral procession would have been more appropriate. Clause 38 provided, ‘No judicial officer shall initiate legal proceedings against anyone on his own mere say-so, without reliable witnesses brought for that purpose.’ Yet the British government had given away, less than three months earlier, the protection provided by that clause. It voluntarily ‘opted in’ to

Drugs are a waste of time, but so is the Psychoactive Substances Bill

The Conservatives might have gone in softer than Russell Brand and the gang predicted, with very little change announced in the Queen’s Speech last week, but they didn’t fail to cause a stir. The proposed ‘Psychoactive Substances Bill’ is designed to provide a blanket ban on all substances which produce a mind-altering effect, with several allowances made for booze, fags and chocolate. The idea is to protect the public from any psychoactive substance that ‘affects the person’s mental functioning or emotional state’. Rather than replying to a public demand for such drastic measures, the Home Office stated the purpose of the bill was simply to ‘protect hard-working citizens’. Admittedly, most of my knowledge of

The age of the Skype Dad

Could you be a useful and loving father to your children if you only ever saw them on a computer screen? Most of us would say no. So much of being a parent is about being physically there. It’s curious then that our courts seem to think the opposite — that a chat via Skype or on an iPad is all a father needs to bond with and care for his child. British judges, like American ones, have to deal with increasingly complicated custody cases every year. We travel more these days, and so we meet our partners abroad. When these marriages break up (as four in ten marriages do),

My request to see my medical notes has sparked all-out panic at my GP surgery

My request to see my medical notes has sparked all-out panic at the GP surgery. ‘What do you mean?’ said the receptionist who answered the phone when I called to ask. She sounded even more furious than the time I rang to ask if I could possibly have an appointment to see the doctor. On that occasion, she affected her best Lady Bracknell impression, ‘The doctor? You want to see the doctor?’ ‘Well, yes if it isn’t too much trouble,’ I spluttered, as she audibly bashed her keyboard in ill-disguised rage at my impertinence. On this occasion, she was horribly icy. ‘I mean,’ I stammered, ‘I want to see my

I don’t know why I’m against tax avoidance (and I bet you don’t either)

On the face of it, the moral case against tax avoidance seems pretty straightforward. If you’re a UK taxpayer and benefit from public goods and services, then you should pay your fair share of tax. If you’re paying less than that, then you’re a free rider. You’re breaking the social contract. But what do we mean by ‘fair share’? The standard defence of tax avoidance is that it’s perfectly legal — if it wasn’t, it would be tax evasion — and the social contract only obliges people to obey the law, not to pay more tax than they have to. To maintain that people are morally obliged to pay an

Ched Evans: law vs people power

‘This was the rule for men that Zeus established: whereas fish, beasts and birds eat each other, since there is no law among them, to men he gave law, which is by far the best thing’ (the Greek farmer-poet Hesiod, 7th century bc). Given the hostile reaction to the convicted rapist Ched Evans’s desire to return to his job as a footballer after serving his sentence, one wonders whether the fish, beasts and birds might not be on to something. The 4th century bc statesman and orator Demosthenes pursued Hesiod’s line of thought when he said, ‘If laws are abolished and each individual is given powers to do what he

The Krays, Dennis Nilsen – and Chris Grayling: a conversation with Sir Ivan Lawrence QC

I’m standing with Sir Ivan Lawrence QC in a narrow room at his Pump Court chambers, examining an oil painting sent to him from Broadmoor by his former client the late Ronnie Kray. It is a naive depiction of a house in a field which could, at first glance, be the work of a worryingly forceful five-year-old. Yet what it lacks in finesse it makes up for in emphasis: the signature ‘R Kray’ is daubed in thumping capitals. Sir Ivan defended Kray in his 1969 murder trial over the killing of George Cornell in the Blind Beggar pub in Whitechapel. Cornell, a member of the rival Richardson gang, had reportedly