In the matter of contempt proceedings against Rajiv Menon KC - Court of Appeal (Civil Division) [2026] EWCA Civ 573

In a previous post  (6 May 2026) it was noted that contempt of court had been alleged against Rajiv Menon KC. 

In December 2025, a trial was taking place in the Crown Court at Woolwich before Johnson J (“the trial judge”). Six defendants were charged with offences arising out of an incident on 6 August 2024 at a factory in Filton, Bristol, occupied and operated by Elbit Systems Ltd. 

Rajiv Menon KC was leading counsel representing Charlotte Head, the first defendant named on the indictment. 

There were rulings of law before and during the trial, including in relation to what is sometimes called jury equity; to the defence of lawful excuse to a count of criminal damage; and to the relevance and admissibility of certain evidence. 

 Following submissions as to the legal directions to be given to the jury, the trial judge gave a ruling on 22 December 2025 in which he said ...

Supreme Court of the UK rules in favour of government in Legacy case

2023 Legislation and a Troubles Bill:

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 responded to the legacy of “The Troubles”, a period of conflict in Northern Ireland that began in the late 1960s and continued until the Belfast (or Good Friday) Agreement of 10 April 1998. More than 3,500 people were killed during the Troubles, with approximately 40,000 injured. Around 1,200 killings remain unsolved. 

The 2023 Act created the Independent Commission for Reconciliation and Information Recovery (“ICRIR”), whose functions include carrying out reviews of deaths and serious injuries caused by conduct forming part of the Troubles.  

Inquisitorial reviews by the ICRIR have replaced police investigations, investigations by the Police Ombudsman, inquests and civil claims relating to Troubles-related conduct, and the 2023 Act has brought existing investigations, inquests and claims to an end.

The Act also introduced

Four convicted of criminal damage at premises of Elbit Systems Ltd + Action against defence counsel

On 5 May 2026, four Palestine Action activists were convicted of criminal damage committed at premises of Elbit Systems Ltd which, at the time (6 August 2024), were located at Filton (Bristol). I understand that the premises are now closed - The Guardian 6 September 2025. 

Elbit Systems is an Israeli arms producer including advanced drone technology.

The four convicted were Leona Kamio (30), Samuel Corner (23), Fatema Rajwani (21), and Charlotte Head (29). The jury returned unanimous verdicts.

Samuel Corner was acquitted of causing grievous bodily harm (GBH) with intent (Offences against the Person Act 1861 section 18) for striking a police officer with a sledgehammer but he was convicted (by a majority of 11 to one) of the section 20 offence.

Two other defendants, Jordan Devlin (31), and Zoe Rogers (22), were acquitted of criminal damage.

During the trial, the

Rule of Law - House of Lords Constitution Committee 13th Report of Sessions 2024-26

Almost a year ago, this blog published  The "Rule of Law" - Notes for students in whjch it was noted that there is no precise definition of the term Rule of Law. The post pointed to various authoritative sources of information about that the Rule of Law, as a concept, ought to contain in modern times.

In November 2025, the House of Lords Constitution Committee published - Rule of law: holding the line between anarchy and tyranny - Committees - UK Parliament. This is the Committee's 13th Report of Session 2024-26. 

Jonathan Sumption, the former Justice of the Supreme Court, in his book "The Challenges of Democracy and the Rule of Law" notes that there are rival approaches to the rule of law which are referred to as the 'thin' and 'thick' definitions.

The Terminally Ill Adults (End of Life) Bill

The Terminally Ill Adults (End of Life) Bill:

The Terminally Ill Adults (End of Life) Bill (previous post June 2025) has run out of time as the end of the 2024-26 Parliamentary session approaches. The result is that the Bill will not carry over to the next session. 

The King's Speech, marking the start of the next session of Parliament, is to be on 13 May 2026.

The full Parliamentary history of the Bill may be seen at Terminally Ill Adults (End of Life) Bill - Parliamentary Bills. The Bill is a Private Members' Bill sponsored by Kim Leadbeater MP and Lord Falconer of Thoroton. It was introduced in the House of Commons on 16 October 2024 and completed its time in the Commons with Third Reading on 30 June 2025.  Transferred to the House of Lords, the Bill reached committee stage by 14 November 2025. Largely due to members of the House of Lords moving numerous amendments, the Bill did not complete committee stage.

Proponents of the Bill

Peerages and Membership of the House of Lords - a briefing

Addition 30 April 2026

The House of Commons Library has published a Research Briefing (author David Torrance) -

Peerages and membership of the House of Lords - House of Commons Library

The House of Lords (Hereditary Peers) Act 2026 received Royal Assent on 18 March 2026. This means that at the end of the 2024-26 parliamentary session, the remaining hereditary peers will no longer be entitled to sit and vote in the House of Lords by virtue of their hereditary peerage. The Upper House will instead comprise only life peers and the Lords Spiritual.

This briefing looks at peerages in general, both hereditary and life.

The State Opening of Parliament is on 13 May 2026.

Electing a Modern Second Chamber – Electoral Reform Society – ERS

Addition - 30 April 2026:

Covid-19 Inquiry - Fourth Report published

The Covid - 19 Inquiry has published its fourth report - 

Inquiry Module Reports - UK Covid-19 Inquiry

The report follows the Inquiry's investigation into ‘Vaccines and therapeutics of the United Kingdom’ 

It considers and makes recommendations on a range of issues relating to the development of Covid-19 vaccines and the implementation of the vaccine rollout programme in England, Wales, Scotland and Northern Ireland. Issues relating to the treatment of Covid-19 through both existing and new medications were examined in parallel.

The report concludes that the development and rollout of Covid-19 vaccines was “an extraordinary feat” and the vaccine and therapeutic programmes were “two of the success stories of the pandemic” – but that governments and health services must now work to rebuild public trust in vaccines.

Overall Covid vaccine programme a "success story" but public trust in vaccines must be rebuilt, Inquiry finds - UK Covid-19 Inquiry

Of particular legal interest is the Inquiry finding that the current Vaccine Damage Payment Scheme is not sufficiently supportive of those who suffered serious harm as a result of vaccination and requires urgent reform. The detail of this is to be found in Chapter 8 of the Inquiry's fourth report.

Southport Inquiry - Phase 1 report and Terms of Reference for Phase 2

On 29 July 2024, Axel Rudakubana carried out a knife attack at a children’s dance club in Southport. He murdered 3 young girls, Elsie Dot Stancombe, Alice da Silva Aguiar and Bebe King, and injured 10 other people. Sixteen others survived the attack and they now live with serious emotional scars.

The Southport Inquiry was been set up to examine the circumstances surrounding the attack and the events leading up to it. This includes examining an overall timeline of the perpetrator’s history and interactions with various public bodies including criminal justice, education, social care, and healthcare, as well as decision-making and information-sharing by local services and agencies.

The Inquiry began formally on 7 April 2025 when the Home Secretary issued the Terms of Reference.

The Inguiry - chaired by Sir Adrian Fulford - has now issued its Phase 1 Report (2 volumes).

Previous post  25 January 2025 - Axel Rudakubana sentenced for three horrific murders, 10 attempted murders, and 3 further counts

Terms of Reference for Phase 2 of the Inquiry

Thirlwall Inquiry - brief update

Updated 14 April 2026

The Thirlwall Inquiry was set up to examine events at the Countess of Chester Hospital and their implications following the convictions of former neonatal nurse Lucy Letby.

Inquiry Terms of Reference

The evidence and submissions phase of the inquiry came to a close on 19 March 2026 and the closing remarks of the Chair may be seen HERE.

The Inquiry intends to publish its report in November 2026 but the actual date will be kept under review.

R -v- Letby Final Judgment - 02.07.24 - refusal of permission to appeal

Criminal Cases Review Commission - 13 February 2026

(Image: Crown Court at Manchester where Lucy Letby stood trial).

Update 14 April 2026:

Easter Break ....

English Law Terms are set out by the Judiciary - HERE. 

Blogging will resume about the time Easter Term begins - 14 April. 

House of Commons is in recess up to and including 12 April - HERE.

The King's Speech (State Opening of Parliament) is scheduled for 13 May. By then, we will know the outcome of the various elections to be held on 7 May. It is widely expected that national politics will be reflected in the results with the Labour Party losing many seats in local government but politics can of course surprise us.  BBC News 26 March 2026

The Judiciary website continues with news items, sentencing remarks etc.

The HOME page on this blog has a lengthy list of blogs and websites of interest - please explore. (The list will be reviewed during the second half of April).

There is a Selection Commission to choose the next President of the Supreme Court of the UK. No forecasts or guesses from me on that one.  The list of present Justices is HERE but the selection does not have to be from one of their number. 

I wonder whether ...

Attorney-General - The Harry Street Lecture at Manchester University

 

The Attorney-General Lord Hermer KC delivered the Harry Street Lecture at Manchester University. The text has been published - HERE.

He opened by saying - "I want to use my time this evening to address two closely connected themes: first, I want to talk about the enduring importance of what has come to be known as the international rules-based order – I want to describe the benefits that it brings to this country and the world at large; and secondly, I want to exemplify that argument by looking in particular at how the European Convention on Human Rights time and time again serves the interests of ordinary people, protecting and vindicating our hard won rights."

The Lecture was delivered shortly after the President of the USA, together with the Prime Minister of Israel, decided to use military force against Iran. There are serious questions regarding the legality of this action.  

Professor Harry Street (1919 - 1984) - was well-known for his text Street on Torts which reached its 16th edition in May 2021

House of Lords (Hereditary Peers) Act 2026

A major constitutional change came about this week with the House of Lords (Hereditary Peers) Bill receiving Royal Assent and becoming the House of Lords (Hereditary Peers) Act. The Act removes the remaining connection between hereditary peerage and membership of the House of Lords; makes provision about resignation from the House of Lords; and abolishes the jurisdiction of the House of Lords in relation to claims to hereditary peerages.

This reform was a Labour Party manifesto commitment.

The Act will come into effect at the end of this session of Parliament, after which no peer will be a member of the House of Lords on the basis of their hereditary peerage.

See the Government announcement  which contains the following -

Covid 19 Inquiry Report 3 - The impact of the Covid 19 pandemic on the healthcare systems of the UK

 

The UK Covid 19 Inquiry has published its third report following its investigation into ‘the Impact of the Covid-19 pandemic on the healthcare systems of the United Kingdom.’ 

The report examines the governmental and societal response to Covid-19 as well as dissecting the impact that the pandemic had on healthcare systems, patients and healthcare workers. 

The reports issued to date may be seen HERE. The Module 3 report is HERE together with a summary.

The report comments that - "The Chair expects that all recommendations are acted upon and implemented within  the time frames set out in the recommendations. The Inquiry will monitor the  implementation of the recommendations during its lifetime."

Response from the government is awaited.

Crime and Policing Bill - Abortion - Removal of criminal liability from women who act in relation to their own pregnancy

The Crime and Policing Bill has passed the House of Commons and is now in its late stages before the House of Lords. 

It is a government Bill sponsored by the Home Office and covers a vast array of topics. The Bill has 16 Parts amounting to 220 clauses and a further 23 Schedules. The outpouring of criminal justice legislation is relentless and unending.

For the moment, I just wish to note Clause 208.

This is a short clause but will alter the law in a major way -

House of Lords (Hereditary Peers) Bill has passed through Parliament

NOTE: The Bill received Royal Assent on 18 March 2026

All that remains for the House of Lords (Hereditary Peers) Bill is the formality of Royal Assent and the bill then becomes an Act of Parliament. 

This is a Bill to - 'remove the remaining connection between hereditary peerage and membership of the House of Lords; to make provision about resignation from the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages; and for connected purposes.'

Hence, hereditary peerages are NOT being abolished. 

The House of Lords Act 1999 removed most hereditary peers from the House of Lords but 90 (plus the Earl Marshal and the Lord Great Chamberlain) were permitted to remain (see section 2). The Hereditary Peers Bill removes this exception. The Earl Marshal and the Lord Great Chamberlain will continue to have ceremonial functions but will not be entitled to sit in the House and vote.

The removal from the House of the remaining hereditary peers was included in the 2024 Labour Party manifesto. 

Whilst birth

Courts and Tribunals Bill passes House of Commons Second Reading

'Again and again, throughout our legal history, the wisdom and capacity of juries have been repeatedly vindicated every time they have been analysed, tested or sought to be examined by those who research these matters' - Sir Geoffrey Cox KC MP

Tuesday 10 March 2026 - House of Commons. The government's Courts and Tribunals Bill passed second reading in the House of Commons. The voting was 304 to 203.  Ten Labour MPs voted against the Bill.

The debate may be read at Hansard 10 March.

This previous post looked at the Bill in greater detail.

The Bill will now proceed to Committee Stage and opponents of the Bill (including some who chose to abstain at second reading) hope to secure amendments. 

In summary, the Bill 

The Sinews of Peace - Winston Churchill, Fulton, Missouri - 5 March 1946

On 5 March 1946 - at Westminster College, Fulton, Missouri - Winston Churchill delivered his famous speech - The Sinews of Peace. 

Churchill spoke of a "special relationship" between the United States of America and, as he phrased it, "the British Commonwealth and Empire." 

He also spoke of an "Iron Curtain" which had descended across Europe from  "Stettin in the Baltic to Trieste in the Adriatic."

Churchill urged adherence to the United Nations Charter which, at the time of the speech, had been in force less than 5 months. 

80 years later, the UN continues

Courts and Tribunals Bill - Legal Aid for Representation

With addition Wednesday 4 March 2026 

The government's Courts and Tribunals Bill contains provision enabling the Secretary of State to make a Statutory Instrument increasing the sentencing powers of Magistrates' Courts up to a maximum of 24 months - see the Bill Clause 6. 

The overall impact of the Bill will be to bring a considerable number of trials for either-way offences into the Magistrates' Courts.

In turn, that will remove legal aid (for representation) from such offences unless the defendant is able to meet BOTH the interests of justice test and the MEANS test.  

Inevitably, that will require many defendants on serious charges to have to either defend themselves or pay for legal representation. 

UK Government - Criteria for Criminal Legal Aid

Previous Post - Courts and Tribunals Bill 

Addition 4 March 2026 

Criminal Bar Association Monday Message 2 March 2026 and see their Nutshell Guide to the Courts and Tribunals Bill

Courts and Tribunals Bill (25 February 2026)

Amended 27 February 2026

 

House of Commons - 25 February 2026 - the government introduced the Courts and Tribunals Bill.

 

The Bill follows on from the Reports by retired judge Sir Brian Leveson -

• Independent Review of the Criminal Courts Part 1 (pdf 388 pages)

• Independent Review of the Criminal Courts Part 2 (pdf pages) - 2 Volumes. 

The Leveson Recommendations:

The most striking

Andrew Mountbatten-Windsor arrested on suspicion of misconduct in public office

 With Updates

Andrew Mountbatten-Windsor has been arrested on suspicion of misconduct in public office - BBC News 19 February 2026. 

Parliament is in the process of replacing this common law offence (but not retrospectively) - see previous post 4 February 2026.

Only HM The King has personal immunity from prosecution or civil action - (see note)

The elements of the offence were set out in Attorney General's Reference 3/2003 reported at [2004] EWCA Crim 868. At para 61 of the judgment, the Court of Appeal (Criminal Division) summarised the requirements:

Parliament - who is the Official Opposition

At the time of writing, His Majesty's Official Opposition is the Conservative Party. 

According to Erskine May - 'There are opposition parties but only one is regarded as the 'Official Opposition' and that is the largest minority party which is prepared, in the event of the resignation of the government, to assume office.'  (Erskine May para 4.6).

The Leader of the Opposition and some of the Leader's principal colleagues in both Houses form a group, known as ‘the Shadow Cabinet’, each member of which is given a particular range of activities on which it is their task to direct criticism of the Government's policy and administration and to outline alternative policies. 

Online safety for under 16s

On Monday 16 February, the Prime Minister's Office (10 Downing Street) announced that the 'Government will give parents and carers greater clarity and support as the Prime Minister announces immediate action to make the online world safer for children' - read the announcement. 

Notes to editors inform us that:

Local government elections May 2026

On Monday 16 February it was announced by the government that plans to postpone various elections had been reversed and the elections would now proceed in May 2026.  The reversal was brought about following a legal challenge brought by Reform UK. 

It appears that the government took legal advice relating to the challenge and decided not to actually contest the matter in court. Details of that legal advice are not available and so we do not know the exact basis for the government's decision. 

Some items of interest

Readers may be interested in reading the following articles .....

1. The Secret Barrister 5 February 2026 - Palestine Action - What just happened - ' ... six Palestine Action protestors were acquitted by a jury of aggravated burglary, following a break-in at an Elbit Systems UK factory near Bristol in August 2024. Three of the six were also acquitted of violent disorder, while no verdict was reached in relation to three others. The jury were also unable to reach verdicts on a charge of inflicting grievous bodily harm with intent (against one defendant, accused of striking a police officer in the back with a sledgehammer, causing serious injury), and charges of criminal damage.'

2. Administrative Court blog 13 February 2026 - High Court - proscription of Palestine Action unlawful and Palestine Action: The "purpose" of the Home Secretary's proscription policy

3. Public Law for Everyone 13 February 2026 - The High Court's judgment in the Palestine Action case

4. Human Rights Watch 7 January 2026 - Silencing the Streets - The right to protest under attack in the United Kingdom and also see their World Report 2026

5. UK Constitutional Law Association Blog -  

Palestine Action ~ judicial review

On 13 February 2026, the High Court handed down judgment The King (on the application of Huda Ammori) v Sceretary of State for the Home Department [2026] EWHC 292 (Admin).

On 5 July 2025 the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025 ("the Order") came into force. The Order was made on 4 July 2025, having been laid before Parliament by the Home Secretary on 30 June 2025, approved by the House of Commons on 2 July 2025 and by the House of Lords on 3 July 2025. 

The Order added the names of three organisations to the list of proscribed organisations at Schedule 2 to the Terrorism Act 2000 ("the 2000 Act"). 

One of those organisations was Palestine Action. 

Motion for a Return (Humble Address) - 4 February 2026

Addition 23 February 2026

Some readers will doubtless recall that in 2017 the House of Commons wished to have sight of "Sectoral Impact Assessments" prepared by the government in connection with the process of the UK leaving the European Union (EU) - previous post 1 November 2017.

An Opposition Motion was put forward by Sir Keir Starmer MP - 

"That an humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that the list of sectors analysed under the instruction of Her Majesty's Ministers, and referred to in the Answer of 26 June 2017 to Question 239, be laid before this House and that the impact assessments arising from those analyses be provided to the Committee on Exiting the European Union."

On Wednesday 4 February 2026, an Opposition Motion - (this time by the Conservative Party) - sought a further Humble Address so that the House could see all papers relating to Lord Mandelson’s appointment as His Majesty’s Ambassador to the United States of America.

Hansard informs us that the following was resolved - 

Leveson Part 2 - Efficiency

Part 2 of Sir Brian Leveson's Review of the Criminal Courts has been published. You can read it HERE.

Part 1 was published in July 2025 - previous post and HERE.

Addition 6 February 2026 - Joshua Rozenberg - Jury reforms within weeks 

 

Public Office (Accountability) Bill - Misconduct in Public Office

Currently before Parliament is the Public Office (Accountability) Bill. 

The Bill is now at Report Stage in the House of Commons. The text of the Bill is HERE.

This post is a brief look at Part 3 of the Bill which is headed Misconduct in Public Office. 

Clause 12(1) - will create a new offence ...

The Epstein files

Revelations about the late Jeffrey Epstein (1953 - 2019) and his involvement with various individuals continue to emerge as files are released by the USA Department of Justice - see BBC Takeaways from the Epstein Files where it is stated that 'three million pages, 180,000 images and 2,000 videos were posted publicly on Friday' (30 January). 

The release of documents came six weeks after the department missed a deadline signed into law by US President Donald Trump that mandated all Epstein-related documents be shared with the public. 

One notable individual referred to in the files is the politician Lord Mandelson. 

Northern Ireland Troubles Bill - a note

10 April will be the 28th anniversary of the 1998 Belfast (Good Friday) Agreement. There has been substantial peace in Northern Ireland since then but various "legacy issues" continue to cause problems. The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 was an attempt to deal with those problems.

The Labour government (in power since July 2024) has brought forward the Northern Ireland Troubles Bill which, if enacted, will repeal Part 2 of the 2023 Act.  

Clause 1 of the Bill states -

Juries - government proposals - evidence to Justice Committee

' ....  trial by jury – an age-old and revered cornerstone of the criminal justice system ....

The controversial and misconceived government proposal to remove trial by jury from the majority of Crown Court trials was the subject of an earlier post - 27 November 2025.

His Honour Judge Geoffrey Rivlin KC has given written evidence to the House of Commons Justice Committee. I urge all readers to look at his letter and to oppose these unnecessary government proposals. Judge Rivlin's evidence is persuasive and speaks for itself. There is no need for any blog to offer a summary. 

The backlog of Crown Court cases is NOT - repeat NOT - brought about by the need for juries. It arises because of serious under-funding of the court system over almost 20 years. Every day many of the available court rooms are not in use.

Written evidence to Justice Committee January 2026

Justice Committee

Find your MP 

Removal of Chief Constables ~ a brief note

Updated 16 January 2026.

Almost 11 years ago, ObiterJ wrote a number of posts about Police and Crime Commissioners - e.g. this post of August 2015 touched on the power of PCCs to either suspend or dismiss Chief Constables. The power is in section 38 of the  Police Reform and Social Responsibility Act 2011. The power under section 38 is limited to Police Forces outside London and different arrangements apply to the Metropolitan Police.

Schedule 8 to the 2011 Act is important because, to suspend or remove a Chief Constable, PCCs are required to follow the process set out therein.

At the time of writing there is a row (involving the Home Secretary) over Craig Guildford the Chief Constable of West Midlands Police. The Home Secretary (Shabana Mahmood MP) has said that she has 'lost confidence' in him and there are calls from politicians and in the media for him to resign which would, of course, avoid the process set out in Schedule 8.  This Guardian article sets out more detail.

Police Forces are supposed to have operational independence from central government but it seems plain, at least to me, that the present government does not embrace this idea. I fully expect that Shabana Mahmood will seek to amend the law .....

Let's see how this plays out ..... 

Guildford resigned on 16 January 2026 - BBC News 

Law notes - The law and human sexuality

Sex and the law is a topic that is inevitably risque and, at times, controversial but it is one worth examining. The following are essentially notes and do not purport to be a comprehensive examination of this topic.

Criminal law: 

The criminal law contains a considerable number of sexual offences - e,g, see Crown Prosecution Service (Sexual Offences). 

Historically,it was generally understood that the criminal law presumed that a husband could not be guilty of raping his wife. This came to an end

Venezuela ~ action by the USA ~ a brief note

Updated 8 January 2026 / 9 January 2026

After apparent months of planning, the USA acted unilaterally to arrest Venezuelan leader Nicolás Maduro and his wife. They have since appeared in a Manhattan court and have entered not guilty pleas to a number of charges including drug trafficking. 

Those events led to the UK Home Secretary (Yvette Cooper MP) making a statement in the House of Commons. Cooper noted that successive UK governments have refused to recognise the government of Venezuela and she stated -

Rights of prisoners - Fuad Awale

Fuad Awale (pictured) was convicted in January 2013 of the execution-style shooting of two teenagers and received a life sentence with a minimum term of 38 years. Subsequently, he was sentenced to a further six years for threatening to kill a prison officer.

Media reports (e.g. HERE) around the Christmas period commented - 'Double murderer wins compensation payout over human rights breaches in prison.' 

To find out the details it is necessary to look at the actual High Court decision - actually back in 2024.

The King (on the application of Fuad Awale) v Secretary of State for Justice [2024] EWHC 2322 (Admin).

Awale described himself