Nowt wrong with juries

3 years ago I wrote this.

The first Vicky Price jury should not have been discharged.  It should have been told to only consider the evidence heard in Court and left to deliberate.  Juries are independent and free - they can reject the evidence, reject the Judge's directions and should not be discharged for recalcitrance   Recalcitrance is what they do best.  It is what they are there for.  It does not bring justice into disrepute, it is what justice is.  Juries should only deliver a verdict on the evidence heard in Court, but they cannot be compelled to do so.  They cannot be compelled to do anything.  Long may that remain so.

Another brilliant judgment from Swift J.....

See it here - http://www.bailii.org/ew/cases/EWHC/QB/2012/3647.html 

Neutral Citation Number: [2012] EWHC 3647 (QB)
		Case No: HQ09X03547

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION

		Royal Courts of Justice Strand, London, WC2A 2LL
		21/12/2012

B e f o r e :
THE HONOURABLE MRS JUSTICE SWIFT DBE
____________________
Between:

	JEFFREY JONES AND OTHERS	Claimants
	- and -
	THE SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE -and- COAL PRODUCTS LIMITED	First Defendant Second Defendant

____________________
Mr David Allan QC, Mr Ivan Bowley and Mr Benjamin Williams (instructed by Hugh James) for the Claimants
Mr Ronald Walker QC, Mr Robert O'Leary and Ms Judith Ayling (instructed by Nabarro) for the Defendants
Hearing date: 23 October 2012 

Royal Consent as opposed to Royal Assent...Parliamentary Privilege and JSB in the Commons next week...

Work is getting in the way of blogging a bit at the moment - sorry - will be quiet for a bit.

This did catch my eye - that there is a constitutional convention whereby HMG can stop a private members bill which concerns curtailing the Royal Prerogative by advising HMQ not to consent to Parliament debating it.  The Queen truly "in Parliament".  Not something I had spotted before - lots more here and here

Plus HMG has got round to consulting on Parliamentary Privilege - have never understood how or why Court Orders should be flouted by MPs.  Should be interesting to see how that ends up....

The Commons get stuck into JSB next week:

The Public Bill Committee will meet on 29 and 31 January 2013. The Public Bill Committee will scrutinise the Bill line by line.

The Public Bill Committee is accepting written evidence.

The Public Bill Committee is expected to report to the House by 14 February 2013.

The Bill had its second reading debate on 18 December 2012. This Bill was presented to Parliament on 28 November 2012.

county courts...all hope is lost....

OH DEAR.........................

Looks like my worst fears realised:

[SECOND READING, CRIME and COURTS BILL, RIP county courts...]


Mr Jack Straw (Blackburn) (Lab) On the reform of the courts, I welcome the unification of the county courts, which makes complete sense.

Mr Jonathan Djanogly (Huntingdon) (Con): Before my right hon. Friend moves on from part 2, does she agree that it is bizarre that in 2013 we have this Victorian situation whereby each county court represents its own individual personality? I welcome the changes in the Bill, but will she lean over and ask her right hon. Friend the Justice Secretary whether we will move quickly on this issue to improve justice in the county courts and to cut costs?

Mrs May: Yes, we will do everything we can to improve efficiency in the system and we will look at the whole of issue of individual county courts versus a national county court system, as it were. This is part of the Bill. My hon. Friend makes a valuable point about the personalities of county courts.

Mr David Burrowes (Enfield, Southgate) (Con)

I welcome the Bill and want to draw out some nuggets that I believe can, in certain circumstances, be refined to be even more golden. On the whole thrust of the Bill in terms of efficiency and coherency, I welcome and support the single county court and single family court provisions.

NOT A WORD SAID TO SAVE THE HUMBLE LOCAL COUNTY COURT...

THIS IS DARTFORD....NOT LONG FOR THIS WORLD

2nd Reading in Commons of Bill to abolish county courts tomorrow - not that anybody cares....

 The House of Commons reads the Crime and Courts Bill a second time tomorrow - will anybody raise the fate of the humble local county court which is abolished (as we know it) by the terms of this Bill - see here for more...

Good bye county court, I knew thee well...one of my old favourites - Bow (actually up the Romford Road from Stratford town centre) - someone once told me it was the busiest civil court of its type in western Europe - and believe me when its family/possession day on the same day with 7 DJs and 2CJs sitting simultaneously, with half the populations of Tower Hamlets and Newham inside, then it does feel a little much.  I once waited until 8.30pm at night to see a DJ on one busy day.  Will miss when its gone............

Coalition Report Card at Half Term Stage.....

Apparently the Coalition is going to release a report card setting out what it has achieved tomorrow.

I thought I would give them a helping hand so far as constitutional reform is concerned:53% achieved at this 1/2 way stage is not bad..................

5 year fixed term Parliaments	ACHIEVED
Referendum on Electoral Reform	ACHIEVED – although Lib Dems essentially lost referendum and there has been no actual reform
Power of recall of MPs	NOT ACHIEVED - Coalition is reconsidering this.
Committee to bring forward reforms to House of Lords by end of 2010	ACHIEVED – although proposed reform will not happen
Implement wholesale reform of Commons	ACHIEVED to some degree
Reduce Electoral fraud	NO IDEA
Reform Parliamentary privilege so that it is not misused by wrongdoers	NOT ACHIEVED – but then the Court have ensured that nobody has misused it.
Cut the Perks and bureaucracy associated with Parliament	SOME ACHIEVEMENT
Consult with IPSA over ending MPs final salary pensions scheme	ACHIEVED – i.e. they have consulted – but not ended the scheme
200 Postal Primaries for MP selection	NOT SURE – don’t know what happened to this interesting idea.  Torries appear to gone off it given independent nature of the MP for Totnes chosen by this method.
Parliamentary Petitions	ACHIEVED - and working well
Public Reading Stage in Parliament	ACHIEVED  - http://publicreadingstage.cabinetoffice.gov.uk/
Improve Civil Servants	HOW DO WE TELL?
Limit SPADS	NOT ACHIEVED  - number of SPADs has increased
Reform Civil Service Compensation Scheme	ACHIEVED
Further Referendum in Wales on devolution	NOT ACHIEVED
Establish a Commission to examine the West Lothian question	ACHIEVED - to report in Spring 2013

Predictions for 2013?

Will JSB pass the Commons? (Yes)  Will HMG accept the Lords amendments (Hope so).

Will somebody do something to halt the abolition of the County Courts? (No)

Will HMG fully implement Leveson? (Yes- quickly please)

Will employment law get more bonkers? (Yes)

Will Assange leave the Ecudorian embassy? (No)

Will Jackson see a flury of CFA funded large group actions started on 31st March? (Yes)

Will the Chief Coroner carry on being a good thing? (Yes)

Will HMG damage JR by reform and do nothing about the immigration log jam? (Please no)

Keep an eye on Sumption JSC - he's had time to settle in - we may see some interesting judgments this year.....

Lots to look forward to...................

Congratulations to Dame Ursula Brennan, PUS at MOJ on her honour, to the Recorder of London on his CBE, to the Chief Crown Prosecutor for London on her CB, to Rustom Tata (solicitor) on his MVO, to Cherie Booth QC on her CBE, to Isobel Letwin (Solicitor Department of Health) for her CBE, to Marilyn Darg, chair of the bench of North Somerset Magistrates Court on her MBE and likewise to Mrs Jennifer Farmer MBE JP.

HAPPY NEW YEAR