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David Mead: Public Law Current Survey (Nov 2016 – Jan 2017)

“In order to make good a claim to state immunity, where that was being indirectly impleaded, the proceedings must affect the legal interests of a foreign state or its officials. No domestic or international case had extended the concept of “interests” so far as to cover reputational or like disadvantage that could result to foreign states or their officials from findings made in proceedings in the UK. All of the cases were limited to affecting interests relating to proprietary or possessory title. So held the Supreme Court (Lord Mance giving the leading judgment) dismissing government appeals in cases concerning the alleged complicity of UK officials in alleged acts of torture carried out overseas by foreign agents seeking to combat international terrorism. “

UK Constitutional Law Association

Editors’ note: The Public Law Current Survey was originally published in Public Law and is reprinted here with the generous permission of that journal.

(This survey covers the three-month period 1 November 2016 to 31 January 2017)

Act of State and State immunity

In order to make good a claim to state immunity, where that was being indirectly impleaded, the proceedings must affect the legal interests of a foreign state or its officials. No domestic or international case had extended the concept of “interests” so far as to cover reputational or like disadvantage that could result to foreign states or their officials from findings made in proceedings in the UK. All of the cases were limited to affecting interests relating to proprietary or possessory title. So held the Supreme Court (Lord Mance giving the leading judgment) dismissing government appeals in cases concerning the alleged complicity of UK officials in…

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Libel Litigation: Jackson, Fixed Costs and Case Management – Mathilde Groppo

“Ultimately, controlling the costs of libel litigation could therefore be efficiently achieved by using (and extending) procedural rules and practices which already exist, but are simply not exercised regularly enough.”

Inforrm's Blog

The heavy costs burden of defamation proceedings has long been recognised. In 2010, Lord Justice Jackson’s Review of Civil Litigation Costs noted that “in the paradigm libel case the claimant is an individual of modest means and the defendant is a well-resourced media organisation”.

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Monroe v Hopkins libel case: a retrograde judgment

Thinking legally

Is it possible that Britain’s populist polemicist Katie Hopkins may be right? Perhaps, just on this one thing: the outcome of the Jack Monroe libel trial. She says the High Court judge who found against her for her inaccurate and rude tweets against Monroe was wrong and she intends to appeal.

Monroe was awarded £24,000 in damages in the High Court in a row over a tweet implying the food writer and activist approved of defacing a war memorial during an anti-austerity demonstration in Whitehall followed by one suggesting that, even if she didn’t approve, she was a pretty awful person (“social anthrax” was the term used). Hopkins had simply confused Monroe with left-wing polemicist Laurie Penny.

In the case Mr Justice Warby noted that:

“Libel consists of the publication by the defendant to one or more third parties of a statement about the claimant which has a tendency to defame the claimant, and causes…

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Do you want to be right, or do you want to be happy? Early Neutral Evaluation

Rosen’s blog - useful reads for litigants in person

This is aimed at all Parties engaged in litigation but more particularly, Help4LiPs, Litigants in person. Why?

I hear of too many stories where litigants in person have had complete mental breakdowns and worse, suicide, faced with a long uphill journey to have their cases heard and crippled by a complex system of steps to be taken to get to trial, which is in itself combative and contentious by its very nature.

Legal practitioners, academics, and the judiciary should be doing all that we can to help volatile and vulnerable people in their endeavours for justice and if there is a short-cut to a long and arduous court timetable, and lengthy trial, then it should not only be explored, but it should be pro-actively encouraged. I have never heard a Judge so far suggest, or indeed an opponent take up my suggestion for an early neutral evaluation, outside of…

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#SAfrica #HR #Freedom Anti-apartheid icon Ahmed #Kathrada dies

Anti-apartheid icon Ahmed Kathrada dies ~ ALJAZEERA, 28 March 2017.

Kathrada, beloved by millions of South Africans, spent 26 years in jail, many of them alongside Nelson Mandela.

Anti-apartheid activist Ahmed Kathrada, who spent 26 years in jail – many of them alongside Nelson Mandela  – for acts of sabotage against South Africa’s white minority government, died in Johannesburg on Tuesday morning at the age of 87.

He had been admitted to hospital with blood clotting in his brain earlier this month.

Kathrada was born on August 21, 1929, to Indian immigrant parents in a small town in northwestern South Africa .

He was among those tried and jailed alongside Mandela in the Rivonia trial in 1964, which drew worldwide attention and highlighted the brutal legal system under the apartheid regime.

Kathrada was said to be loved by millions of South Africans. [Odd Andersen/Pool/Reuters]

 

READ MORE: Ahmed Kathrada’s Robben Island Diaries

Kathrada was sentenced to life imprisonment in 1964 and spent 26 years and three months in prison, 18 of which were on Robben Island.

After the end of apartheid, he served from 1994 and 1999 as parliamentary counsellor to President Mandela in the first African National Congress (ANC) government.

Al Jazeera’s Tania Page, reporting from Johannesburg, said that it was a sad day in South Africa – where Kathrada was affectionately known as “Uncle Kathy” – as tributes poured in about his widely perceived kindness, humility, and honesty.

He had been a major part of many South African’s memories over decades of anti-apartheid struggle, Page said.

“I think his passing is sort of signalling to South Africans, yet again, the ending of an era, of these great giants of apartheid [resistance] as they pass on,” she added.

Kathrada gave an emotional speech at Mandela’s funeral, in which he said he had lost a brother.

Kathrada was, until recently, still active in public life. He formed his own foundation and advocated strongly for human rights causes such as youth development, anti-racism, and freedom of speech.

Last year, he joined a movement of veteran figures who were critical of the governing ANC and its current crop of leaders – particularly President Jacob Zuma , who has been mired in mounting allegations of corruption . Kathrada penned an open letter to the president and called on him to step down.

“Right to the very end he kept himself relevant, he was a newsmaker, he was honest and true to his values and his beliefs,” Page said. “And that’s why so many millions of South Africans will be very sad at his passing today.”

INSIDE STORY: Will South Africa’s Jacob Zuma hang on to power?

“This is a great loss to the ANC, the broader liberation movement and South Africa as a whole,” Neeshan Balton, head of the Ahmed Kathrada Foundation, said in a statement.

“‘Kathy’ was an inspiration to millions in different parts of the world.”

Kathrada’s activism against the white-minority apartheid regime started at the age of 17, when he was one of 2,000 “passive resisters” arrested in 1946 for defying a law that discriminated against Indian South Africans.

In July 1963, the police swooped on Liliesleaf Farm in Rivonia, a Johannesburg suburb where Kathrada and other senior activists had been meeting in secret.

At the famous Rivonia trial, eight of the accused were sentenced to life imprisonment with hard labour on Robben Island.

His fellow prisoners included Mandela, Walter Sisulu and Denis Goldberg.

Source: Al Jazeera and news agencies

Africa South Africa

 

RIGHTS OF AUDIENCE AT STAGE 3 HEARING

“A worrying decision that comes very close to saying that anyone who needs representation can choose anyone and does not need to have a lawyer.

This representative has ignored costs orders against him and thus can represent people in court but treat court orders that he does not like with impunity.

Thus this person is allowed to appear in a High Court trial but a solicitor’s agent is not allowed to appear at a stage 3 hearing.

I remain of the view that it is a criminal offence to appear in court as an unqualified representative, except in certain circumstances, and that was the view of the judge in the case of McShane v Lincoln, considered above. Those circumstances include applications in chambers and matters in the Small Claims Court.

On what basis has any judge the power to overrule the criminal law?

My view is that a judge who does so is potentially guilty of the criminal offence of aiding and abetting an offence under section 14 of the Legal Services Act 2007.”

Kerry Underwood

I am trekking in the Sahara Desert to raise money for the Lord’s Taverners’ cricket charity for disabled and disadvantaged children. If you find my blogs helpful how about making a donation? All donations go straight to the charity as the trekkers pay all of their own expenses. Please donate here.

This is all dealt with in my new book – Personal Injury Small Claims, Portals and Fixed Costs – which can be ordered here.

 

In McShane v Lincoln, Birkenhead County Court, case number B11B1440 – 28 June 2016

the District Judge held that a stage 3 hearing in the portal process required a qualified solicitor or barrister or CILEX fellow to appear and that no one else had rights of audience.

Section 12(1) of the Legal Services Act 2007 designates certain activities as “reserved legal activities” including the exercise of a right of audience and the conduct…

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Harvesting of the Disabled for Profit

Exposing the scandal of state-sanctioned harm for profit – shocking – not in our names!!!
The hidden cost of willful blindness and Nelsonian indifference to family human rights is too high, by treating them as policies instead of individuals!
Caused by disturbing instances of recklessly pursuing a profit-driven agenda even when the very child(ren) whose welfare the state is beholden to promote are HARMED. What a shameful abuse of process.

finolamoss

A2013-09-20-15_36_14Parents of special educational needs children be warned, this will be your fate.

The state are creating and labelling more children as learning disabledinstead of having learning difficulty.

See the latest number here.

http://schoolsweek.co.uk/schools-struggle-as-autism-diagnoses-rise-25-per-cent/

Soon all state 4 year olds will be compulsory assessed.

http://www.theguardian.com/education/2014/mar/27/four-year-olds-compulsory-tests-2016-government-confirms

And there are several databases that are being used to share information illegally in breach of s8 HRA to harvest children including future deemed criminals.http://databasemasterclass.blogspot.co.uk/

A ‘disability‘ is an impairment, is permanent, innate and evidenced by a low IQ,  and is now inexplicably  on the rise in the UK, look at the statistics

http://chrishatton.blogspot.co.uk/2015/11/the-disappeared.html?spref=tw.

Whereas ‘difficulty‘ is not and  can be because  a child is autistic, a late developer,  has poor teaching/assessment,  and such a child will have at least an average IQ. .

If your child is a late developer and/or has inadequate teaching, he will be doomed, to be made a cash cow for life, and…

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#Palestine: 53 settlers storm #Aqsa Mosque under #Israeli police protection!

Dozens of Israeli settlers and members of the Israel Security Agency (Shin Bet) broke into al-Aqsa Mosque courtyards under the protection of the Israeli police.

According to Quds Press news agency, 53 settlers stormed the courtyard of al-Aqsa Mosque from Bab al-Magharbeh, which has been under full Israeli control since the occupation of Jerusalem in 1967, before the Israeli police closed the gate at 11 am.

Quds Press pointed out that the tours included some of the courtyards of al-Aqsa Mosque within a specific route ending with Bab al-Silsileh where the settlers performed Talmudic rites and prayers after exiting it, noting that other incursions were conducted after the noon prayer.

1,599 Israelis broke into the courtyards of al-Aqsa Mosque during February 2017 including 118 soldiers and Shin Bet members and 517 students and guides.

(Source / 26.03.2017)

via 53 settlers storm al-Aqsa Mosque under Israeli police protection — altahrir, news of Islam, Muslims, Arab Spring and special Palestine 

No-fault divorce: 2017

dbfamilylaw

Time to re-think no fault divorce after Owens

The fate of the unfortunate Mrs Owens and her refused divorce set me thinking about the need to review our divorce laws, especially if Mrs Owens’s case represents how senior judges say our divorce laws should work. I had thought that since the 1970s most people, if they want a divorce, could get one. Not so Mrs Owens (Owens v Owens [2017] EWCA Civ 182), whose unreasonable behaviour petition was dismissed on the assessment of a circuit judge and of the Court of Appeal (Sir James Munby P, Hallett and Macur LJJ) namely four elderly, white, middle class individuals, two of each gender.

In the final analysis the issue involves an application of law to facts, and then imposing a subjective judicial view of what is can ‘reasonably’ be put up with in a marriage. But first what could fairly…

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UN Israel ‘apartheid’ report: Richard Falk’s UK talks are cancelled

Two British universities cancelled talks by international law professor Richard Falk this week after he co-authored a UN-commissioned report that concluded Israel is an “apartheid state”.

A Falk presentation at the London School of Economics and Political Science (LSE) faced disruptive protests on Monday.

A Middlesex University London spokesperson told MEE that: “Due to safety concerns we have taken the decision to cancel the event.”

Falk said that the university called off his lecture, citing “health and safety” concerns after the protests at LSE.

READ: REVEALED: UK universities told to ‘manage’ Palestine activism

A University of East London spokesperson told MEE that the issue was procedural. “It became clear, the day before the event, that the University’s External Speakers Policy had not been adequately followed.”

The university would “consider welcoming Professor Falk to our campus on another occasion if the appropriate policies and procedures were followed,” the spokesperson added.

Falk: Trend of limiting freedom

But Falk said the cancellations highlight the “intensification” of a trend of limiting academic freedom on university campuses.

“As far as I can tell, there is a growing kind of feeling that the educational establishment in Britain, specifically in England, has been kind of intimidated in dealing with those who are seen as critics of Israel,” Falk told Middle East Eye in a telephone interview.

He added that depriving students of exposure to controversial issues limits their training and experience for becoming engaged citizens.

The Princeton University professor faced attacks and accusations of bias and anti-Semitism after the UN report was published.

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Richard Falk tells us the inside story on the UN Report he co-Authored, calling Israel an Apartheid State https://www.thenation.com/article/the-inside-story-on-our-un-report-calling-israel-an-apartheid-state/
12:19 AM – 24 Mar 2017
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Falk said he is familiar with such assaults on his character, after serving as UN special rapporteur on Palestinian human rights from 2008 to 2014. However, the professor added that attempts to discredit him by Zionist NGOs do not address the content of his reports.

He said they are trying to “shoot the messenger, rather than address the issues raised in the message”. He dismissed such criticism, calling it far from reality.

“It’s been used against a variety of other people – playing the anti-Semitic card rather than dealing with the substance of Palestinian grievances or Israeli violations of international law,” Falk told MEE.

He said Israel’s treatment of the Palestinians has fallen below the level of acceptable moral behaviour and international legal standards, and that its supporters would be on weak grounds if they tried to discuss the actual issues.

Report withdrawn

The UN report co-authored by Falk was withdrawn from the international body’s website after prompting an international uproar.

The study documents patterns of discrimination that fragment Palestinian society through “distinct laws, policies and practices,” which it maintains amounts to apartheid.

‘It’s been used against a variety of other people – playing the anti-Semitic card rather than dealing with the substance of Palestinian grievances or Israeli violations of international law’
– Richard Falk
“Palestinians are denied the right to leave and return to their country,” the report reads. “Palestinian refugees living in the occupied Palestinian territory are not allowed to return to their homes inside Israel, while Palestinian refugees and involuntary exiles outside Israel and the territory are not allowed to return to their homes in either the territory or Israel.”

Falk said while the report is an academic study commissioned by the United Nations Economic and Social Commission for Western Asia (ESCWA), it does not represent the views of the UN.

READ: Richard Falk writes for Middle East Eye

He added that ESCWA officials are “very enthusiastic” about the quality of the report, which was reviewed by three “internationally renowned” jurists before it was published.

“It appears to be an instance where the new UN Secretary-General [Antonio Guterres] gave way to pressure coming particularly from Washington, but also from Israel,” Falk said.

Under-secretary-general and executive secretary for ESCWA, Rima Khalaf, resigned in protest last week after Guterres ordered the study removed from the UN website.

Falk said while the controversy surrounding the report was unfortunate for the UN, it gave the study international visibility that it may not have enjoyed had it been just “one more UN report”.

Source: UN Israel ‘apartheid’ report: Richard Falk’s UK talks are cancelled

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