As the Prime
Minister David Cameron prepared for his midweek speech to the European Court of Human Rights in Strasbourg,
a joint statement was issued by the Council of Europe and the European
parliament criticising UK for politically motivated objections to the EU fulfilling its legal obligation of signing up to the European Convention
on Human Rights. As I had hinted in last
week’s Sunday Law Review, the implication of the Abu Qatada trial would continue to be
debated for a while. The ECHR's main concern was the risk that evidence against Qatada had been obtained by torturing witnesses, rendering any trial he might face unfair. In the absence of Jordanian authorities finding a way of trying Qatada without relying on tainted evidence, it is likely that he could be released on bail next month and have his activities restricted under one of the new terrorism prevention, and investigation measures, which have now replaced control orders.
Jamie Jackson, a
sports journalist working for the Guardian faces a possible
jail sentence for tweeting the name of a juror while covering the tax evasion
trial of Tottenham Hotspurs manager Harry Redknapp. Jackson also tweeted about a legal argument as
a witness was giving evidence under oath while the jury was not present. The
law of contempt
of court forbids the publication of information not heard by the jury that
prejudices the defendant's right to a fair trial. In a separate development involving the use of internet, a former university lecturer, Theodora Dallas who carried out online research about a criminal defendant while serving as a juror has been jailed for six months. She was found guilty of contempt of court by three high court judges, including Lord Judge, the lord chief justice. This case highlights a growing problem facing courts in the internet era in ensuring that jurors do not investigate cases, when looking facts up on a computer seems an increasingly natural instinct.
Last year, a
consultation paper commissioned by the Bar Standards Board described solicitors
as ‘superfluous
intermediaries’. The BSB proposed to examine the possibility of barristers accepting
direct instructions from clients eligible for public funding and to consider lifting the ban on barristers with under three years’ practising experience,
from accepting public access instructions. One sensed an impending split in the
profession. This week, the President of the Law Society John Wotton revisited
the question of should barristers and solicitors continue to be
separately trained, represented and regulated. He envisaged a future when the distinction
would be more a decorative than a functional aspect of the legal constitution.
This week the High
Court ruled that Gary McKinnon's ten year battle against extradition must be
settled by the summer. Two
senior judges have decided that his case must not be allowed to continue
indefinitely and have set a legal timetable aimed at ending the saga that began
when the Asperger's sufferer hacked into NASA and Pentagon computers. The US is
demanding McKinnon under the controversial 2003 Extradition Act despite medical
experts warning he might commit suicide should his legal challenge fail.
The government has
lost its appeal against a judge's ruling that its cuts
to solar power subsidies were illegal. Chris Huhne, the Energy Secretary,
had attempted to impose a lower rate of subsidy for installations from 12th
December before a consultation on the change had been finished. However, solar
installation companies and environmental groups secured a Judicial Review at
the High Court which ruled the decision unlawful. The Court of Appeal has
confirmed that decision. The implication of the court’s decision is that thousands
of homes and businesses would now be able to claim the higher payments.
Government legal
spending through its central panel of external advisers fell by more than a
third last year. Figures released by the Government Procurement Service,
following a Freedom of Information Act request by the Legal
Week, revealed a total of £28.8m, 36% down on the record figure of £44.8m
spent during the previous year. Broken down by Government departments, the Home
Office was by far the biggest contributor to fees, spending a total of £5m,
followed by the Department for Transport at £2.8m.
The European Court
of Justice has ruled that workers'
right to paid holiday cannot be subject to a minimum period of actual work
during the reference period used to calculate entitlement. While EU member states
were free to create domestic legislation on conditions for the exercise and
implementation of the right to paid annual leave, the very existence of that
right could not be subject to any preconditions. The Luxembourg judges added
that there may be divergences as regards the conditions for exercising the right
to paid annual leave but that the working
time directive did not allow member states to exclude the very existence of
a right expressly granted to all workers.
The lawyers for a stroke
victim who wants help to end his life can continue to act on his behalf
without fear of prosecution or disciplinary action following a high court
ruling. Lord Justice Toulson, sitting with Mr Justice Charles, described the case as tragic and exceptional, which raising 'thorny legal and ethical
issues', and granted them a declaration which will protect them and third
parties, including doctors, during preparations for a landmark
judicial review on assisted suicide. The claimant suffered
a major stroke three years ago at the age of 43 and is unable to move, requires
constant care and is entirely dependent on others for every aspect of his life.
The government has
made what appears to be its first
substantial concession on the legal aid bill by abandoning a plan to means
test police station advice. In a recent Lords reading of the bill the Justice Minister Lord McNally, in response to impassioned opposition from Lord
Macdonald, the Lib Dem peer, admitted that the government would table its own
amendments to parts of the bill when it reaches report stage in March. Last week,
Lord McNally had conceded that the government would look again on the Lord
Chancellor’s powers to remove categories from the scope of legal aid.
The Asil
Nadir trial finally began two decades after he fled the country to evade
justice. Nadir is accused of stealing almost £150m from his own Polly Peck
business empire to finance a lavish lifestyle. The Old Bailey trial is expected
to last four months. Nadir was due to stand trial in 1993 but escaped to
Cyprus, evading the courts until he returned to the UK in August 2010. The jury
heard prosecution claims that he ran Polly Peck in an autocratic manner,
refusing to tolerate rivals and clashing with his own board when it tried to
introduce tighter financial controls or questioned the constant
outflow of millions of pounds to Turkish and North Cypriot subsidies. Mr
Nadir, now 70, denies theft.
In a week that saw the venting of much public anger at corporate bonus for executive bankers with the Royal Bank of Scotland boss Stephen Hester being strongly criticized for his share options bonus of close to £1m, lawyers have urged the Business Secretary Vince Cable to be cautious over his proposal to reform executive pay. The Business Secretary's proposed reforms include the suggestion that investors are handed a binding vote on directors' notice periods and exit payments. Cable is also pushing for increased diversity on company boards, calling for more lawyers to be appointed to leadership roles as well as public servants and academics.
International human rights developments that had been of interest to me this week were, in Guatemala a judge ruled that the former dictator Efraín Ríos Montt must face charges of genocide and crimes against humanity, in Honduras a journalist and rights activist has been subject to intimidation and death threats, China's suggestion that reports of human rights abuse against the country is merely a political tool, an Amnesty International claim that torture is widespread in Libyan prisons and the Commonwealth Secretary General’s critique of Malawi’s rapid deterioration in civil and political rights as underlined by a disregard for court rulings and minority rights. The addendum to my 'human right's paragraph' has been the conclusion of the Shafia honour killing trial in Canada. The jury has found her in-laws guilty of first degree murder.
In a week that saw the venting of much public anger at corporate bonus for executive bankers with the Royal Bank of Scotland boss Stephen Hester being strongly criticized for his share options bonus of close to £1m, lawyers have urged the Business Secretary Vince Cable to be cautious over his proposal to reform executive pay. The Business Secretary's proposed reforms include the suggestion that investors are handed a binding vote on directors' notice periods and exit payments. Cable is also pushing for increased diversity on company boards, calling for more lawyers to be appointed to leadership roles as well as public servants and academics.
International human rights developments that had been of interest to me this week were, in Guatemala a judge ruled that the former dictator Efraín Ríos Montt must face charges of genocide and crimes against humanity, in Honduras a journalist and rights activist has been subject to intimidation and death threats, China's suggestion that reports of human rights abuse against the country is merely a political tool, an Amnesty International claim that torture is widespread in Libyan prisons and the Commonwealth Secretary General’s critique of Malawi’s rapid deterioration in civil and political rights as underlined by a disregard for court rulings and minority rights. The addendum to my 'human right's paragraph' has been the conclusion of the Shafia honour killing trial in Canada. The jury has found her in-laws guilty of first degree murder.
Once again, my
sincere gratitude to the legal professionals, journalists, web editors and publications
I have cited, and linked to for allowing me to compose this week’s Sunday Law
Review. Readers are welcome to highlight any critical omissions, offer factual
corrections or discuss the issues raised in my review.
© TTR
