I would have written a shorter skeleton argument, but I did not have the time…
It now appears settled that the quotation “I would have written a shorter letter, but I did not have the time” dates back to the 17th century and to Blaise...
Criminal offences and the inherent jurisdiction: a necessary evil?
In the recent case of Re T [2021] UKSC 35, the Supreme Court approved the use of the High Court’s inherent jurisdiction to authorise the deprivation of liberty of a...
Maintaining public order vs. the right to protest – the Police, Crime, Sentencing and Courts Bill
The recent riots in Bristol and the police response to the Sarah Everard vigil have both served to spark a wider debate on the proper parameters that the legislature should...
After Elgizouli: what does the judgment mean for mutual legal assistance?
In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to...
The impact of Coronavirus, part 5: the Coronavirus Act 2020
As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures[1]. The deadly coronavirus has brought forth desperate measures almost everywhere, and...
Cash forfeiture – punishment without crime?
The financial year 2018/19 saw a record £51 million collected through cash forfeiture under chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (‘POCA’). Those who consider...
Weekly Digest: 21 October 2019
This week’s edition considers seven judgments; two of the Supreme Court, one of the Court of Appeal (Criminal Division) and four of the High Court. In Routier and another v Commissioners...
Beware, lest your cause be criminal
Recent decisions of the Supreme Court and Court of Appeal have clarified the definition of a ‘criminal cause or matter’ for the purpose of section 18(1) of the Senior Courts...
Supreme Court: parole eligibility for EDS prisoners not discriminatory
Public law analysis: The Supreme Court in R (on the application of Stott) v Secretary of State for Justice [2018] UKSC 59, [2018] All ER (D) 142 has ruled that...
The Use and Abuse of Parliamentary Privilege: does ‘public interest’ trump the rule of law?
In his statement to the House of Lords on 25th October 2018, Lord Hain said that it was “his duty under parliamentary privilege” to name Sir Philip Green as the...