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News, analysis, comment and updates from ICLR's case law and UK legislation platform

Law and Morality: the debate goes on

In the last month two senior judges have given speeches concerning the relationship between the law and morality, reigniting the glowing embers of a debate which has flared up repeatedly over the last two centuries. Although they were not in any sense putting forth opposing views, in so far as they agreed it was on Continue reading

Cameras in court – the Lex Factor

The promise of open justice is not fulfilled where viewers have no idea and no explanation of what is going on. Yesterday, following a change in the law, proceedings in the Court of Appeal were broadcast live on television for the first time in this country. This new development was designed to make English justice Continue reading

Woman wearing niqab

Further reflections on the niqab ruling

The recent decision by a Crown Court judge requiring a Muslim woman defendant to remove her niqaab (face-covering veil) when giving evidence in her own defence, but permitting her to keep it on during the rest of the trial, has prompted a good deal of comment in the social media. The reasons given by His Continue reading

Judicial conduct: benchmarks for good and bad behaviour

The news that a judge has held himself to be in contempt of court – and fined himself – has yet again brought to public attention the issue of judicial conduct. The incident occurred in America, where there are plenty of examples of judicial eccentricity, to put it mildly; but that great nation is by Continue reading

Taking all the credit for a pupil’s hard work

OldSmoothie was against a very traditional opponent today who always insists on bringing along to court the original volumes containing the particular law report in question. This meant that as he came into court both he and his pupil were weighed down by piles of authorities whilst OldSmoothie rather smugly carried his slim bundle of Continue reading

Least said soonest mended? Secret hearing at the Supreme Court

Lord Neuberger, President of the Supreme Court, made the following statement in open court in the course of hearing an appeal from the Court of Appeal’s majority decision in Bank Mellat v HM Treasury (No 2) [2011] EWCA Civ 1 [2012] QB 101 [2011] 3 WLR 714 on appeal from Mitting J [2010] EWHC 1332 Continue reading

Introducing His Honour Judge Pennyweather and the cab rank rule

Let me introduce you to a new character in the BabyBarista fold: His Honour Judge Pennyweather who sits as a circuit judge outside London. He’s grumbly, eccentric, crusty and seemingly older than his 68 years would suggest. The first part of his name brings to mind a penny for your thoughts which seem to leak Continue reading

Banksy under the hammer: graffiti and the law

The news that a piece of London street art attributed to Banksy was to be auctioned in Miami has thrown up all sorts of interesting legal issues, as highlighted in a recent episode of Law in Action. According to the Guardian report of the proposed sale, “Unknown hands prised the artwork, entitled Slave Labour and Continue reading

Never forget that lawyers aren’t paid to be liked

“Is nothing sacred these days?” said UpTights. “What are you moaning on about now?” said OldSmoothie. “Once upon a time institutions were respected but in the last few years it seems like it’s all gone to pot. First, we find out that a fair proportion of our politicians were on the make at the public’s Continue reading