Sir Brian Leveson ~ Caroline Weatherill Lecture

Sir Brian Leveson (President of the Queen's Bench Division) has delivered an interesting lecture in the Isle of Man.  The full text of the lecture is available via the Judiciary website - Caroline Weatherill Lecture - Justice for the 21st century - 9th October 2015.

Dividing the lecture into 3 parts, Sir Brian looked at the changing nature of the judiciary; the separation of the judiciary from politics and, finally, the the need to underpin any technological developments with principles of due process.

On the nature of the judiciary, Sir Brian expressed views about how diversity in judicial appointments is likely to change in the next few years.  He noted the increasing number of female judicial appointments since year 2000.  He went on to comment that ...

Lord Neuberger selects 15 Top cases

This speech needs no additional comment .... please listen to it via this link ....

Lord Neuberger addresses the Incorporated Council of Law Reporting at Lincoln's Inn - 6th October 2015 - Reflections on the ICLR Top Fifteen Cases

For the written text please see - Lord Neuberger gives talk to commemorate the ICLR's 150th Anniversary, Lincoln's Inn

Law reporting in England goes back many centuries to the Year Books of the medieval period.

Criminal cases ~ What must be proved and to what standard?

An interesting situation has arisen in Kansas, USA.  The Guardian 7th October reports  a matter that is concerning the Supreme Court of the USA.

"Supreme court tensions over capital punishment burst into the open again on Wednesday as rival justices clashed over a series of gruesome murders in Kansas that could overturn two-thirds of the US state’s death row cases.

The related cases before the court, Kansas v Gleason and Kansas v Carr, challenge the Kansas state supreme court’s decision to overturn death sentences on the grounds that inadequate jury instructions were given.

Due to language used by judges in the original trials, jurors may not have realised they were able to consider mitigating circumstances that were not proven beyond reasonable doubt."

In the law of England and Wales, the definition of the offence is the starting point for determining what must be proved to establish guilt.  It is for the prosecution to prove their case against the defendant (the "golden thread").  They must do this, in the time honoured phrase, to the beyond a reasonable doubt standard or, in more modern parlance, so that the decision-maker (jury or magistrates) are "sure" of guilt.

More axemanship on court locations ~ the demise of "local" justice

Kenneth Clarke (a former Secretary of State for Justice) once commented that courts did not need to reflect "how far it was reasonable for a man to ride a horse".  Numerous court locations have been closed and further court closures will take place over the next year or so.  In December 2011 I wrote about earlier cuts.  Please read it since it is as relevant now as it was then.

The closures - imposed under the mantras of "efficiency" and "economy" - affect the whole of England and Wales with the effect that the magistrates' court system will be concentrated on fewer but, usually, larger courts.  One result will be that those involved in cases may well be subjected to lengthy journeys, often with poor and reducing public transport, and the undoubted stress felt by witnesses will be increased. Locally administered justice is dying rapidly.

Civil justice will also be administered at fewer locations since the Ministry of Justice proposal contains a list of "integrations."  Of note is the reduction in the number of locations where the Family Court sits.  This will present particular difficulties for those involved with the courts on all sorts of family matters such as the arrangements for children (contact, residence etc).

The latest round was announced in a Ministry of Justice Proposal issued on 16th July 2015.  TODAY (8th October) is the last date for responses.

Consultation Paper 16th July 2015

Here is the list of proposed closures and amalgamations.

Prisoner Voting

A ruling by the Court of Justice of the European Union has upheld a ban on a French convicted murderer who was serving a sentence of more than five years from taking part in the European elections - The Guardian 6th October

* See the Court of Justice EU judgment *

The court ruled that the ban on him voting represented a breach of the EU charter of fundamental rights but that it was proportionate “in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty”

This ruling does not appear to be out of line with the position adopted by the European Court of Human Rights (E Ct HR) which has upheld voting bans imposed by some countries where the offence committed had been serious and the term of imprisonment lengthy - see, for example, the Scoppola case.

The United Kingdom

It's in the bag ....!

Five pence per plastic carrier bag!   I am all for protecting the environment as far as we can and so I assume that the carrier bag idea is a sensible innovation - The Telegraph 4th October - Carrier Bag 5p charge: Everything you need to know.  The legislative detail is amazing!

It starts with a Directive from the EU Parliament and Council - European Parliament and Council Directive 94/62/EC (on Packaging and Packaging Waste) and continues into national legislation to implement that Directive.

For more on this please see  Law Now - It's in the bag ....! and also  The Packaging (Essential Requirements) Regulations 2015 and the Single Use (Carrier Bags) Charges (England) Order 2015

The Packaging Regulations are made under the European Communities Act 1972 s2(2).  The Carrier Bag Charges Order is made under the Climate Change Act 2008.

England is the last

A problem with a cheap will ... beware !

A short post today to highlight a recent case concerning wills - Solicitor's Journal - Where there's a will 29th September

In 2007 Ebenezer Aregbesola used Barclays' £90 will-writing service to create a will dealing with his various assets including homes overseas and in London. His will instructed half of the London home to be given to his daughter, Tinuola Aregbesola, on his death.

The property was owned jointly by Mr Aregbesola and his wife – who was not Tinuola's mother. Because of the joint ownership, on Mr Aregbesola's death in early 2014, the property went wholly to his wife – contrary to the will.