Sunday 21 September 2014

Former Chairman of the Bar replaces Field J

Maura McGowan QC of 2 Bedford Row and Lincoln House, criminal silk and former 2013 Chairman of the Bar Council has followed the well worn path from that representative office to the High Court Bench, QBD, replacing Field J.

Her closing speeches are a work of art according to the Legal 500 so let's hope the judgments follow suit.


Friday 19 September 2014



Not only have you saved the Union, but you have given us an historic opportunity to draft a new Written Constitution for the whole of the Union and its constituent parts.  The Prime Minister's speech this morning heralds too quick a process; we need to slow down, convene a Convention and work out a lasting and final settlement, in a written federal constitution, to lay down a fair mode of collective, rights, obligations and governance for the future.  Nothing less will do and nothing less will respect the feelings of the large numbers of people in Scotland and the rest of the Union who are now, but so rarely, politically engaged on these issues.  There are lots of things to think about, from the tinkering with the Westminster Parliament considered by the Mckay Comission to the full blow written Constitution as proposed by Richard Gordon QC and others.  I have written on this subject before.

We need to do some serious thinking, not least on what do about England, with her large population, economic dominance (at least in her South-Eastern regions) and inherent majority in the Westminster House of Commons.

But for now, we can sigh relief in abundance and rejoice that Article I of the Union of Scotland Act 1706 shall remain in force:

That the two Kingdoms of England and Scotland shall upon the First day of May which shall be in the year One thousand seven hundred and seven and for ever after be united into one Kingdom by the name of Great Britain..... 

Thursday 18 September 2014

That the two Kingdoms of England and Scotland shall ...and for ever after be united into one Kingdom ....

That the two Kingdoms of England and Scotland shall upon the First day of May which shall be in the year One thousand seven hundred and seven and for ever after be united into one Kingdom by the name of Great Britain And that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint and the Crosses of St. George and St. Andrew be conjoyned in such manner as Her Majesty shall think fit and used in all Flags Banners Standards and Ensigns both at Sea and Land. 

Article 1 of the Union of Scotland Act 1706.

'For ever after', they said, and for ever after it should be.

Thursday 11 September 2014

New Judges for New Legal Year...

It's goodbye to Moses LJ, Rimer LJ, Goldring LJ and Maurice Kay LJ (VP of Civil Division)

and hello King LJ from the Fam D, Sales LJ from Ch D, and Bean and Burnett LJJ from the QBD.

and replacing them in the HIGH COURT, we welcome

commercial silk, leading pro bono champion and former COMBAR Chair from South Sq Chambers -  Robin Knowles CBE QC replacing Bean J and

Ian Dove QC replacing King J (although going to the QBD and not Fam D, which is right as he is a public law and planning specialist)

and we wait to see who will replace Sales and Burnett JJ.

plus we say goodbye to Royce J and Field J in the QBD,

Plus down the ranks: Her Honour Judge Sybil Milwyn Thomas has been appointed DFJ in Birmingham (where Katherine Tucker is also to be a new CJ), Jonathan Fuller QC to be CJ in Bournemouth, Peter Crabtree OBE is going to Southampton to be a CJ, and likewise Jessica Pemberton to Hull.

Tuesday 9 September 2014

Been to Scotland - made me think....

Had a hearing in Scotland recently - one of those statutory tribunals where anybody can appear (including even an English Barrister) and which has UK wide jurisdiction (law the same in every constituent of the currently United Kingdom).  

The Tribunal hears appeals from the grant and administration of a UK wide entitlement.  

The body that hands them out is partially based in Glasgow. 

If Scotland becomes independent, who the hell is going to:

(a) pay these benefits
(b) administer them
(c) decide the appeals - according to what law?

This is just one of the many different intertwining tentacles holding Scotland firmly to the rest of the UK's breast.

How is an independent Scotland going to survive without these life lines?

& then there is the small issue of where to put all those missiles:

 A yes vote will merely be followed by years if not decades of negotiating, arguing and re-organising - it will probably cost billions and it is hard to see why the English, Welsh and N Irish tax payer should pay for what only a majority of the resident Scottish electorate (not of Scots, given that so many live outside of Caledonia) want.

Come on, stay in the Union, it is not that bad, but if you leave, it will be...............