Private prosecution commenced against Boris Johnson

Updated 7 June

A District Judge sitting at Westminster Magistrates' Court has decided that a summons will be issued to bring Mr Boris Johnson MP before the court in respect of allegations of misconduct in public office.

The decision to issue the summons was handed down by District Judge (Magistrates' Courts) Margot Coleman and has been published by the Judiciary - see Marcus Ball v Alexander Boris de Pfeffel Johnson

It is important to note

Notable cases - (6) - R v R

House of Lords - Last Judgment 2009

For centuries, rape has rightly been regarded as one of the most serious criminal offences.   Under common law it was defined as 'the unlawful carnal knowledge of a woman by force and against her will.'  The required state of mind (mens rea) was an intention on the part of the defendant to have intercourse without consent.  The common law position was considered by the House of Lords in the Morgan case in 1975 - reported [1976] AC 182.

In 1736, Sir Matthew Hale commented

European Parliamentary Election 2019 ~ Facts

The European Parliamentary Elections were held throughout the European Union over 23-26 May 2019.  The UK election was on 23 May.  The Parliament has 751 seats and the UK allocation is 73.

The powers of the European Parliament's powers derive from Articles 223 to 234 and 314 of the Treaty on the Functioning of the European Union (TFEU).

After the elections one of the first tasks of an incoming Parliament is to elect a new President of the European Commission (the EU’s executive body).  Member states nominate a candidate for the post, but in doing so they must take account of the European election results.  Moreover, Parliament needs to approve the new Commission President by an absolute majority (half of the existing MEPs plus one). - see How are the Commission President and Commissioners appointed.

The overall voting turnout in the EU

Emmerdale - the Jacob and Maya storyline

Emmerdale is a an ITV Yorkshire "soap opera" set in a fictitious village in the Yorkshire Dales. The programme is known for tackling difficult subjects and a recent storyline has been about teacher Maya Stepney (played by Louisa Clein) and her pupil Jacob Gallagher (Joe-Warren Plant).  Maya Stepney was the girl friend of Jacob's father David Metcalfe (played by Matthew Wolfenden).  The story began when Jacob was aged 15 and he and '30-seomthing' Maya became friendly.  It developed into an intimate relationship once he became 16. 

The Sexual Offences Act 2003 is the key legislation containing the definitions of many sexual offences.  The background to the legislation is set out in the Explanatory Notes.  This post looks at two offences

Notable cases (5) - Attorney-General v De Keyser's Royal Hotel

Prerogative powers have considerable importance in modern times.  This is particularly the case in foreign affairs and defence.  In practice, the powers are exercisable by Ministers who are accountable to Parliament.

In Burmah Oil v Lord Advocate [1965] AC 75,  Lord Reid observed that there was practically no authority on the prerogative from the Revolution Settlement of 1688-9 until World War 1.  Attorney-General v De Keyser's Royal Hotel is a key House of Lords decision from that period.

De Keyser:

1916, in the midst of World War 1, the

Notable cases (4) - Conway v Rimmer

In Conway v Rimmer [1968] AC 910, [1968] UKHL 2 the House of Lords (Lords Reid, Morris, Hodson, Pearce and Upjohn) brought about a major change in the way in which claims, usually by Ministers, to avoid disclosure of evidential material were to be handled.  Such claims were based on what was then referred to as "Crown Privilege."  That term has been replaced by Public Interest Immunity (PII).

Duncan v Cammell Laird:

Thetis, a name from Greek mythology, was also the name given to a T-class Royal Navy submarine built and launched in 1938 by Cammell Laird, Birkenhead.

On 1 June 1939, HMS Thetis undertook diving trials in Liverpool Bay to the north of Llandudno.  103 men were on board.  Due to excessive water intake via the torpedo tubes, Thetis sank and her bows became stuck in the sea bed.  She was unable to get free.  Four men (including the captain) escaped via a small escape hatch but a build up of carbon dioxide in the submarine resulted in the deaths of the other 99.

It took

Notable cases (3) - Scott v Scott 1913 - Open justice

Viscount Haldane LC (1856-1928)

'In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice.” “Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial' - Jeremy Bentham

Open justice:

Scott v Scott  was decided by the House of Lords in 1913 - Viscount Haldane LC, Earl of Halsbury, Earl Loreburn, Lord Atkinson and Lord Shaw of Dunfermline.

Mrs. Scott (appellant) filed her petition