Brexit - another legal challenge

High Court Belfast

The Irish Times 11th August - Belfast rights campaigner begins legal challenge to Brexit

"A campaigner for the rights of victims of the Troubles has launched the first legal challenge in Northern Ireland to the UK leaving the European Union.  Raymond McCord lodged papers at the High Court in Belfast on Thursday seeking a judicial review of the British government’s move towards Brexit.  His lawyers claim it would be unlawful to trigger Article 50 ... without parliament voting on the move. They also contend it would undermine the UK’s domestic and international treaty obligations under the Good Friday Agreement, and inflict damage on the Northern Ireland peace process."

Chair of the Child Abuse Inquiry

Professor Alexis Jay has been appointed to chair the Independent Inquiry into Child Abuse - see Inquiry Statement 11th August.

Professor Jay led the Independent Inquiry into Child Sexual Exploitation in Rotherham, an investigation into child sexual abuse in the Metropolitan Borough of Rotherham in South Yorkshire.  She is the author of the investigation's report, published in August 2014 - (Law and Lawyers 1st September 2014).

In September 2014 she was appointed to act as an expert adviser to an independent panel inquiry which was intended to examine how the UK's institutions have handled their duties to protect children from sexual abuse.   Following the abandonment of the initial panel inquiry in favour of a statutory inquiry under the Inquiries Act 2005, she was re-appointed as an adviser to the subsequent Independent Inquiry into Child Sexual Abuse chaired by Dame Lowell Goddard.

The Chair is assisted by a Panel of three members: Prof. Sir Malcolm Evans KCMG OBE; Ivor Frank; and Drusilla Sharpling CBE.  Professor Jay was a Panel Member assisting Dame Goddard.  It is not clear whether a fourth panel member will now be appointed.  Although Professor Jay is not a lawyer, the panel members have considerable legal credentials.

Law and Lawyers 5th August - Dame Lowell Goddard quits.

Immunity from criminal process of Special Missions

Special diplomatic missions (or just Special Missions) have existed since the beginnings of diplomatic relations between States and they continue to be used from time-to-time.

In R (Freedom and Justice Party and others) v Secretary of State for Foreign and Commonwealth Affairs and the DPP [2016] EWHC 2010 (Admin) the High Court (Administrative Court) was faced with this question of law:

"Whether members of special missions visiting the United Kingdom with the approval of the First Defendant ("the FCO") enjoy personal inviolability and/or immunity from criminal process pursuant to a rule of customary international law to which effect is given by the common law."

The court (Lloyd Jones LJ and Mr Justice Jay) held:

Court of Appeal allows publication of redacted judgment relating to Child C

On 21st June, Ellie Butler's parents - Ben Butler and Jennie Gray - were sentenced at the Central Criminal Court - see the Sentencing Remarks of Mr Justice Wilkie.   Ben Butler was sentenced to life imprisonment for the murder of Ellie and the judge fixed his minimum term at 23 years (less days on remand).  He also received 5 years for Child Cruelty.  Those sentences are concurrent.  Jennie Gray was sentenced to 18 months imprisonment for Child Cruelty and 24 months for Perverting the Course of Justice.  Her sentences are consecutive.

A post of 23rd June 2016 looked at Ellie's case and the Serious Case Review which took place following her death.

In 2014, care proceedings took place in the High Court relating Ellie's younger sibling - referred to as C.  The Court of Appeal (Lord Dyson MR, McFarlane and Burnett LJJ) has now ruled that a redacted judgment in those proceedings may be published.  It is available via the Judiciary website.

For further discussion of this see UK Human Rights blog 9th August 2016 

Independent Child Abuse Inquiry - Dame Lowell Goddard quits

Updated 6th August:

In a terse letter to the Home Secretary (Amber Rudd MP), the Chair of the Independent Inquiry into Child Abuse has resigned.

The Home Secretary's statement, accepting the resignation, may be read here.

There have been murmurings about matters such as the time Lowell Goddard took away from the inquiry, her remuneration and even about her ability.  Whether this played a part is unclear.

The BBC 4th August published the correspondence and a statement from Lowell Goddard.

Legal Aid Agency cancels a notable contract

Updated 15th August:

The Legal Aid Agency (LAA) has cancelled its legal aid contract with Public Interest Lawyers (PIL).  The LAA considers that PIL has breached contractual requirements and reached this opinion "after a thorough review of information provided by PIL, following the investigation by the Solicitors Regulation Authority (SRA) into the firm."  See the LAA's announcement.  

The Telegraph 2nd August 2016 - 'Ambulance chasing' law firm that hounded British troops over false claims of Iraq abuse banned from public funding

The Telegraph 3rd August 2016 - Top lawyer facing criminal inquiry where it is said that the Legal Aid Agency is to pass a dossier to the National Crime Agency.   The article also states that a National Crime Agency spokesman said: “We do not confirm or deny the existence of investigations or the receipt of specific intelligence. Where we receive intelligence we look at it and assess whether it is appropriate for us to take action or refer on to other agencies.”

Mr Phil Shiner - Head of Strategic Litigation at Public Interest Lawyers (International) - is facing disciplinary proceedings before the Solicitors Disciplinary Tribunal (SDT) and see The Telegraph 23rd June 2016 where it is reported that Mr Shiner was said to believe he is the subject of a “personal vendetta” by the Government.

Child Sexual Abuse Inquiry ~ allegations involving the late Lord Janner

As Home Secretary, Theresa May (now Prime  Minister), set up the Inquiry into Child Sexual Abuse with New Zealand Judge Lowell Goddard as its chair - Law and Lawyers 4th February 2015 - Independent Panel Inquiry into Child Sexual Abuse

The inquiry is being held under the Inquiries Act 2005. The Terms of Reference require the inquiry to consider the "extent to which State and non-State institutions have failed in their duty of care to protect children from sexual abuse and exploitation."  The terms go on to state  that - "It is not part of the Inquiry’s function to determine civil or criminal liability of named individuals or organisations. This should not, however, inhibit the Inquiry from reaching findings of fact relevant to its terms of reference."

13 cases have been selected for investigation at this stage and those include one against a named individual - the late Lord Janner of Braunstone QC.  That raises the issue as to just what facts may be determined about Janner without encroaching on to the forbidden territory of deciding liability.