All articles by Joshua Rozenberg – Page 14
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News
Marriage Foundation motives are laudable
Was Mr Justice Coleridge wise to arrange such a very public launch for his Marriage Foundation this week? Whether or not you support its aims - and I do, for reasons I will explain - you may well wonder whether a serving family judge should campaign for one kind of ...
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Balancing exercise: privacy and press freedom
Lord Grabiner QC is the lawyer you saw sitting in a row of seats behind Rupert Murdoch when the newspaper owner gave evidence to a Commons committee last July and ended up with a custard pie in his face. Grabiner was there because he chairs the management and standards committee ...
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Who’s in the running for top jobs at the ECtHR and Supreme Court?
By the time the courts adjourn for their next holiday break, we shall know who will be taking two highly influential judicial posts. The UK judge at the European Court of Human Rights (ECtHR) will sit on every case brought against the British government in Strasbourg. The president of the ...
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Breaking the silence
It is perhaps ironic that a lecture by a judge on when it might be appropriate for judges to speak to reporters should have remained unnoticed by reporters until two weeks after it was delivered.
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Reform could curtail Strasbourg
The government has high hopes of reaching an agreement in Brighton next month that will lead to major reforms to the European Convention on Human Rights and the court in Strasbourg that enforces it. Britain’s proposals are set out in a draft declaration which the government hopes will be approved ...
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Politicians appreciate the value of investigative journalism
What future does investigative journalism have in an age when reporters face arrest and courts develop privacy laws? That was the question raised in a report published last week by the House of Lords communications committee. The select committee’s starting point was that ‘responsible investigative journalism ...
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Media is permeating the judicial process
The Supreme Court seems to have settled down well at its new home in Parliament Square. In the main courtroom, frosted glass has been installed on the doors behind the judicial bench so that spectators can no longer gaze into one of the judges’ rooms. The judges’ microphones are now ...
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UK courts have misunderstood a fundamental provision of the Human Rights Act
‘Cameron tells Euro judges to stop meddling in British justice,’ the Mail on Sunday headlined its well-sourced report at the weekend. Anticipating the prime minister’s speech to the Council of Europe’s parliamentary assembly on Wednesday afternoon, the newspaper said that David Cameron would demand major reforms to the European Court ...
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Proposed procedures are misguided
Government moves that would further undermine open justice have been attacked by the very lawyers on whom ministers rely to support the existing system of closed courts. It’s a major setback for the security service, which persuaded justice secretary Kenneth Clarke to endorse the reforms in a green paper on ...
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How safe is it to store confidential client data in the cloud?
As a freelance journalist, I like the idea of storing all my documents ‘in the cloud’ rather than on whichever of my computers I happen to be using at the time. If I need to check an item urgently, I can download it wherever I happen to be - borrowing ...
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Is the so-called ‘forum bar’ really the panacea claimed by campaigners?
Was the government’s recent extradition review one-sided? The highly experienced extradition solicitor Karen Todner complained in last week’s Gazette that the Scott Baker inquiry did not interview a single defence practitioner.
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European Court of Human Rights reform may be supported
On Monday, the UK took over the political leadership of the body that runs the European Court of Human Rights. Last Friday, the UK’s judge in Strasbourg, Sir Nicolas Bratza, became president of the court. Will the Brits make a difference?
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The Baker report on extradition law is something to build on
When Sir Michael Bichard was finalising his report on child protection measures after the Soham murders of 2002, he took some trouble to ensure the institutions he was about to criticise would give his recommendations a fair wind. On the BBC’s Law in Action this week, he told me how ...
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The politics of judicial independence
Did magistrates and judges help bring an end to the riots that ravaged English city centres in August? I suspect the prime minister’s decision to put additional police on the streets made more of an impact, but it seems reasonable to suppose that some unexpectedly tough sentences, reviewed by the ...
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Government’s replacement for control orders has come under critical scrutiny
What’s the difference between a control order and a terrorism prevention and investigation measure? The current equivalent of house arrest has a succinct but sinister-sounding title; its forthcoming replacement, though more explicit, is destined to become a near-acronym (TPIM, pronounced ‘T-pim’) and does not lend itself to the creation of ...
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Book offers many compelling insights into the use of legal terminology
It’s always a pleasure to find that a publisher has sent me a book for review. Sometimes the pleasure evaporates as soon as I open the packaging: polemics and monographs are not my favourite bedtime reading. My heart also tends to sink when I find ...
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Twitter popular among judges - but they need to master the medium
The judges have started tweeting. Even though reporters are still waiting for final guidance from the judiciary on the use of ‘live, text-based communication from court’, senior judges have jumped the gun and embraced Twitter with enthusiasm. Not that you’ll see judges telling us what ...
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Leveson a strong choice to lead phone-hacking inquiry
What’s so striking about the judicial inquiry into phone hacking is how high-powered it all is. I had initially thought that the lord chief justice would recommend a retired judge for appointment as its chairman. But Lord Judge recognised that the task was simply too important for someone nearing the ...
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Phone-hacking scandal has obscured other important stories
Last week was not a very good time to be a reporter - although it helped if you had never been employed by one of Rupert Murdoch’s diminishing stable of newspapers. It looks as if journalists, like solicitors, are about to lose the privilege of ...
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Human rights committee is making unrealistic demands on extradition
Is it easier for the United States to have a suspect extradited from the United Kingdom than it is for the UK to get someone handed over by the US? Ever since the US-UK extradition treaty was signed in 2003, there have been complaints that ...