Sir Henry Cowper Gollan – a brief tribute

On 8 January 2018 (i.e. only a few days ago), it was precisely 150 years since the birth of Sir Henry Cowper Gollan, the Chief Justice of Bermuda between 1904 and 1911. One of Sir Henry’s most enduring achievements was the drafting and enactment of Bermuda’s Criminal Code Act 1907 (which was modeled, on Sir Henry’s initiative, on the Queensland Code of 1899, an Act which he had also used as the statutory model, a few years previously, for a similar code for Northern Nigeria). Bermuda’s Criminal Code Act 1907 is still in force, some 111 years later (albeit with … Continue reading Sir Henry Cowper Gollan – a brief tribute

Another EU Referendum? Some interesting thoughts on its potential impracticality…

Unless some other date is eventually agreed, the UK leaves the EU on 29th March 2019. That is the undoubted consequence of the notice served under Article 50 TEU.Nigel Farage is one of the Members of the European Parliament representing SE England and he is a former leader of the UK Independence Party (UKIP). During… via A further EU Referendum? Do the practicalities make it impracticable? — Law and Lawyers Continue reading Another EU Referendum? Some interesting thoughts on its potential impracticality…

The UK cabinet reshuffle: a new Lord Chancellor

The Prime Minister has appointed Mr David Gauke MP as Secretary of State for Justice and Lord Chancellor – see Ministerial Role. Mr Gauke is MP for SW Hertfordshire and he replaces Mr David Lidington MP who has been moved to the Cabinet Office.As usual, the Bar Council and Law Society have welcomed the new… via Yet another Secretary of State for Justice / Lord Chancellor — Law and Lawyers Continue reading The UK cabinet reshuffle: a new Lord Chancellor

The Northern Irish judicial approach to same sex marriage – of relevance to the Bermudian debate…

And here’s one I should have made much earlier… In a brief judgment in Close & Ors, Re Judicial Review [2017] NIQB 79, delivered in August, O’Hara J dismissed a challenge to Article 6 of the Marriage (Northern Ireland) Order 2003 by two same-sex couples who had entered into civil partnerships in 2005. The applicants… via Same-sex marriage in Northern Ireland again: Close — Law & Religion UK Continue reading The Northern Irish judicial approach to same sex marriage – of relevance to the Bermudian debate…

English Court grants injunction restraining subconscious use of confidential information

The High Court has granted an injunction preventing an in-house lawyer from acting in proceedings adverse to her former employer: Western Avenue Properties Ltd v Soni [2017] EWHC 2650 (QB). The judge accepted that the defendant was well aware of her professional responsibility of continuing confidentiality and was unlikely to have any conscious intention to… via High Court prevents in-house lawyer acting against former employer due to risk of subconscious use of confidential information — Herbert Smith Freehills – Litigation notes Continue reading English Court grants injunction restraining subconscious use of confidential information

Dishonesty: objective or subjective?

The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant’s conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67. Albeit that the Court did not need to rule on the… via Supreme Court restates test for dishonesty in criminal proceedings — Herbert Smith Freehills – Litigation notes Continue reading Dishonesty: objective or subjective?