Welcome to this Without Prejudice Special on the Twitter Joke Trial with solicitor David Allen Green

The background to the Twitter Joke Trial is set out admirably by David Allen Green in a recent article in The New Statesman and here for some useful links to other coverage and legal analysis.

Also well worth reading from Heresy Corner : The Turing Joke Test

The appeal tomorrow, by way of Case Stated,  will be on points of law only.  Paul has appealed already to the Crown Court, which upheld his conviction.  A previous hearing at the High Court was inconclusive.  Tomorrow will be Paul’s seventh day in court on this case, which has lasted two-and-a-half years.

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Welcome to Without Prejudice. 

On the panel tonight – Kim Evans, commissioning editor of The Justice Gap and ex government lawyer Carl Gardner, author of the Head of Legal blog.

Tonight’s topics are varied and raise important issues for the law.

The Spectator contempt case

Hunt, Warsi, the ministerial code and the  meaning of quasi-judicial

Richard Moorhead’s “Case for code”

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I referred to Sir Edward Chalmers as draftsman of The Sale of Gods Act 1893 – it was, in fact, Sir Mackenzie Chalmers who drafted the Act.  I must have had Jedward on my mind – lord knows why. Mea culpa.

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Useful links

The Guardian: Spectator to pay out £5,625 over Rod Liddle’s Stephen Lawrence article

Liddle was wrong to write Lawrence trial article, and the Spectator was wrong to publish it

DPP launches public consultation on cases affecting the media 18/04/2012
Keir Starmer QC, the Director of Public Prosecutions (DPP), has today published interim guidelines on the approach prosecutors should take when assessing the public interest in cases affecting the media.

Professor Richard Moorhead in The Guardian: The case for code
The common law leads to complexity. Is that always a good thing?

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the  the free student materials on Insite Law – appreciated.

In association with The Lawyer

Welcome to Without Prejudice.  Tonight we discuss – The UKSC judgment in the  Assange extradition, Twitter Joke Trial, Abu Qatada,  Social mobility and diversity in the legal profession and Monarch

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(During the podcast I made an error in referring to Mr David Hart QC –  in his excellent summary of the Assange judgment on the UK Human Rights blog- as Mr Hunt.  I apologise unreservedly.  I had been watching far to much of the Leveson Inquiry earlier in the day where Mr Jeremy Hunt MP was put through his paces by Mr Robert Jay QC.  Mr Hunt is often on my mind. It was David Hart QC who wrote the excellent summary!)

UK Human Rights blog Assange: does it matter if ministers mislead Parliament?

UKSC judgment:

30 May 2012

Assange (Appellant) v The Swedish Prosecution Authority (Respondent)

• Judgment (PDF)
• Press summary (PDF)

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the  the free student materials on Insite Law – appreciated.

In association with The Lawyer

Welcome to the ‘Special’ edition of Without Prejudice.  David Allen Green talks with me about the #Twitterjoketrial decision handed down today.  The two judges could not agree.  The appeal will now be re-heard by a three judge court.

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David Allen Green’s New Statesman blog post

News: “Twitter joke” case, rehearing ordered before a three judge court
An excellent analysis from Inforrm’s blog

Today I am talking to David Allen Green, solicitor, legal correspondent at The New Statesman and author of The Jack of Kent blog about libel reform following the announcement of a Defamation Bill in the Queens Speech after a first reading in the House of Commons.  We shall also take a look at progress so far in the Leveson Inquiry.

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[If you are using Firefox – please be patient. It may take 30+ seconds to load. Firefox seems to have changed and now appears to download before the console appears.  Looking at embedded mp3 players for future – sorry!]

Important note:

Please look at David Allen Green’s excellent Libel Reform page on his blog which summarises all the developments in libel reform and provides links to all the relevant materials

Read

Useful article: Comment: How will the Defamation Bill protect free speech? By Rachit Buch UK Human Rights Blog

#Without Prejudice Podcast with Carl Gardner: Yesterday I did a Without Prejudice ‘Special’ covering a range of fascinating legal topics which you may find enjoyable to listen to.  Listen here

See also Nick Cohen’s excellent book:

Nick Cohen’s excellent book You can’t read this book formed the basis for our discussion in #WithoutPrejudice 22 on Free Speech and I have no hesitation in encouraging you to read it.  It is available on Amazon – a fascinating discussion for lawyers and others interested in free speech.

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

In association with The Lawyer

Without Prejudice returns as a panel discussion in two weeks time.  In the meantime – a one on one ‘Special’ with Carl Gardner.  I will be talking to David Allen Green in another ‘Special’ tomorrow.

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[If the recording ‘sticks’ in first 3-4 seconds – please reload if you are using Firefox.  Firefox doing weird things to podcasts at the moment. Depending on the memory used by Firefox with open tabs it may take time to load – a recent phenomenon with yet another Firefox ‘upgrade’. .  Works fine in Chrome though. ]

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

In association with The Lawyer

Welcome to Without Prejudice. Joining regulars Carl Gardner and David Allen Green: The writer and journalist Nick Cohen and former prospective Tory candidate for Parliament and policymaker Joanne Cash.

Tonight’s topic is Free Speech and how privacy and libel law may impact on this cherished right.

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Nick Cohen’s excellent book You can’t read this book formed the basis for our discussion and I have no hesitation in encouraging you to read it.  It is available on Amazon – a fascinating discussion for lawyers and others interested in free speech.

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

In association with The Lawyer

Did the News of the World seek to undermine a murder investigation? This astonishing issue is but one of the topics being discussed tonight.  We’ll also be looking at the latest developments in Leveson, the issue of Civil disobedience and the Rule of law,  the Sedley v Sumption debate and finally,  whether the rank of Queen’s Counsel should be abolished.
On the panel tonight – Gary Slapper, Director of New York University in London,  former government lawyer Carl Gardner, author of the Head of Legal Blog and David Allen Green, who practises as a solicitor and writes for The New Statesman, The Lawyer and his own Jack of Kent blog.

Listen to the podcast |Subscribe through iTunes.

Useful reading:

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to Without Prejudice.  On the panel tonight are regulars, Carl Gardner and David Allen Green and our guests Cat Griffiths, Editor of The Lawyer and Nichola Higgins, a practising barrister and former Chair of The Young Barristers Committee.

We have five main topics for discussion –

ABS and disruptives
Oaths in court
Judicial Advocacy assessment
Sun arrests
Francis FitzGibbon QC statement to Leveson and the value of legal blogging

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Useful reading:

Francis FitzGibbon QC : Witness statement to the Leveson Inquiry on blogging and ethics

The Guardian: Lord Justice Moses and the 161 criteria

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

1. The Leveson Inquiry

2. Twitter Joke Trial appeal

On the panel tonight –  Carl Gardner, David Allen Green, Dr Evan Harris and Charon QC

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Useful reading:

David Allen Green:  Twitter Joke Trial: the case stated by Doncaster Crown Court

Carl Gardner: Today’s “Twitter joke” appeal hearing

Francis FitzGibbon QC : Witness statement to the Leveson Inquiry on blogging and ethics

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

1. Is the state too weak, too powerful or just right?

2. Why do we need universities?

3. Are human rights left wing twaddle?  and

4.   Commentary on the Assange extradition appeal in the UK Supreme Court after two days of argument before the Justices

5.  Barristers facing financial problems because of government inefficiency

Our guests tonight are resident panelist Carl Gardner, Professor Gary Slapper Director of New York University in London and former ‘left wing’ Tory MP Jerry Hayes, a practising barrister specialising in the more serious criminal cases.

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If you wish to purchase Gary Slapper’s book – you may do so from Amazon or Wildy’s

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to the Without Prejudice special with Professor Gary Slapper, Director of  New York University, London and Global Professor at NYU.  We look at the Jury and proposals to restrict the right to trial by jury, meddling European judges and Gary Slapper’s most entertaining new book…. “More weird cases”.

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If you wish to purchase Gary Slapper’s book – you may do so from Amazon or Wildy’s

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to the first Without Prejudice of 2012.  We plan to resume the fortnightly series on Thursday 2nd February with a full panel – but tonight  I am going to review some topical issues with Carl Gardner (Head of Legal blog)

The Justice & Security Green Paper – Abu Qatada – The Occupy judgment  – Contempt of court and a quick look at the legal issues involved in the Scotland Independence referendum proposed by Alex Salmond.

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to Without Prejudice one on one with David Allen Green.  We have a spirited discussion about a range of issues – Hackgate – Freemen ‘Cod’ Law – Politicisation of judges – Legal Aid – Privacy Law.

David Allen Green is a practising solicitor, author of The Jack of Kent blog and legal correspondent for The New Statesman.  He also covers media matters for The Lawyer

It is fair to say that the format was more discursive.

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

In this Without Prejudice ‘Special’ I talk with Carl Gardner about a range of quite important topical issues:

The recent speech by the Attorney-General Dominic Grieve on Human Rights, The European Court of Justice and the principle of subsidiarity

The impact of the Assange judgment on European Arrest Warrants

Lord Chancellor Ken Clarke’s new sentencing proposals on mandatory life sentences and knife crime

The Brodie Clark v Home Secretary spat:  In particular we consider the potential problem of Absolute Parliamentary Privilege being invoked on Theresa May’s statements in Parliament and the potential for an unfair trial should it be an issue.

Legal Aid cuts and the rise in DIY lawyers

All in all a spirited and lively discussion which we hope you will enjoy.  It is about an hour long – so you may wish to take it in ‘bites’.

The picture above showing my absurd tache is for my ‘Movember’ support of prostate cancer charities.  Having suffered from prostate issues – caught early, fortunately, I am more than aware of the value of screening and speedy treatment.  I also happen to enjoy absurd taches.

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Brodie Clark’s tribunal claim – and Parliamentary privilege

Carl Gardner analyses – in great detail – the Parliamentary privilege point we discussed in the podcast – a good read.

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

We also take fifteen minutes at the end to discuss some topical Constitutional Law matters relating to the Human Rights Act, The UK Supreme Court and the British Bill of Rights  in a very ‘impressionistic’ way.

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Nowhere Island website

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Criminal Law Special

Sentencing in the wake of the riots and the forthcoming appeals

Contempt of Court

Troy Davis execution

Legal Aid and Clause 12 re-visited

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

#WithoutPrejudice 11: Riots and  The Law – Human Rights Act update – #Hackedoff campaign update

Analysis of the law relating to the riots, a review of a number of important human rights cases and the further developments on the #Hackedoff  campaign. David Allen Green and Carl Gardner is at the table as always and we are joined by former Lib-Dem MP Dr Evan Harris, David Wales, a lawyer in private practice – a criminal law specialist and blogger  –   and Adam Wagner, a practising barrister at 1 Crown Office Row and editor of the UK Human Rights blog.

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Listen to the podcast

Useful links

Joshua Rozenberg: Who will be the two new supreme court judges?

Leveson Inquiry | Lord Justice Leveson statement

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

The Independent reports today….

Today I am talking to solicitor David Allen Green about the legal implications of this and the legal position of News Corp solicitors Harbottle & Lewis and the extent to which they are now able to put their views on the Murdoch testimony of last Tuesday….

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(The sound quality is ‘patchy’ in parts – although only one minor cut out.  I had to call David Allen Green on a mobile while he was in a taxi.)

Useful links

Other Without Prejudice podcasts on #Hackgate:  in the last week

David Allen Green in The New Statesman: Allowing the lawyers to speak

Samira Shackle in the New Statesman: Tom Watson asks police to investigate James Murdoch

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I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.