Media By: Owain Thomas


Boris Johnson summoned to face criminal charges

29 May 2019 by

District Judge Coleman, a judge sitting in the Westminster Magistrates Court, has issued a summons for Boris Johnson to appear in the Crown Court. He will face three charges alleging misconduct in a public office in a private prosecution brought by Marcus Ball. The offences alleged are indictable only which means that they can only be heard in the Crown Court.

The full determination can be found here.

Marcus Ball, a 29-year-old businessman who has brought the proceedings with the help of crowdfunding, alleges that the frontrunner for the Tory leadership lied about the amount of money which the UK sends to the EU both during the referendum campaign and during the general election campaign in 2017.

The controversial claim that £350m a week was sent by the UK to the EU and could better be spent on public services in the UK instead was a particularly eye catching aspect of the Leave campaign and attracted considerable criticism at the time and since. Some of that criticism particularly from the Institute of Fiscal Studies which branded the claim “absurd” and UK Statistics Authority whose chair described the claim as a misuse of statistics forms an important part of the case.

At issue in this procedural hearing was whether the court should issue a summons for Boris Johnson to attend court. He opposed the application and lost. He will be required to appear therefore be required to attend court for a preliminary hearing and the case will then be sent to the Crown Court.


Continue reading →

Procedural fairness and the crucible of cross examination

19 December 2018 by

Owain Thomas QC is a barrister at One Crown Office Row.

Sait v GMC [2018] EWHC 3160 (Admin)

This case is a salutary reminder to all who conduct litigation about the necessary elements of procedural fairness which continue to underlie our system of civil justice; even in a modern context when a cards on the table approach characterises many disputes from a very early, often pre-action, stage.

In Sait v GMC the context was regulatory proceedings against Mr Sait, an experienced consultant orthopaedic surgeon. At the conclusion of a seven day hearing, the MPTS found certain facts proved against him in a case alleging inappropriate sexually motivated conduct towards a patient. The Tribunal ordered that he be suspended for 3 months.

He appealed against the finding that he did what he did with sexual motivation and therefore against the finding that his fitness to practise was impaired by virtue of misconduct. The grounds of appeal were that the Tribunal failed to observe essential standards of procedural fairness because it was never sufficiently put to the appellant, whether in the course of cross-examination, or in the Tribunal’s own questions, that his conduct was sexually motivated.


Continue reading →

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery British Waterways Board care homes Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Commission on a Bill of Rights common law communications competition confidentiality consent conservation constitution contact order contact tracing contempt of court Control orders Copyright coronavirus coronavirus act 2020 costs costs budgets Court of Protection covid crime criminal law Cybersecurity Damages data protection death penalty defamation DEFRA deportation deprivation of liberty derogations Detention Dignitas diplomacy disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Environment Equality Act Equality Act 2010 Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice evidence extradition extraordinary rendition Facebook Facial Recognition Family Fatal Accidents Fertility FGM Finance foreign criminals foreign office foreign policy France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage gay rights Gaza Gender genetics Germany Google Grenfell Gun Control Health HIV home office Housing HRLA human rights Human Rights Act human rights news Human Rights Watch Huntington's Disease immigration India Indonesia injunction Inquests insurance international law internet inuit Iran Iraq Ireland islam Israel Italy IVF ivory ban Japan joint enterprise judaism judicial review Judicial Review reform Julian Assange jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid legal aid cuts Leveson Inquiry lgbtq liability Libel Liberty Libya lisbon treaty Lithuania local authorities marriage Media and Censorship mental capacity Mental Capacity Act Mental Health military Ministry of Justice modern slavery morocco murder music Muslim nationality national security naturism neuroscience NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury physician assisted death Piracy Plagiarism planning planning system Poland Police Politics Pope press prison Prisoners prisoner votes Prisons privacy Professional Discipline Property proportionality prosecutions Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries quarantine Radicalisation rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania round-up Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials sexual offence shamima begum Sikhism Smoking social media social workers South Africa Spain special advocates Sports Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance sweatshops Syria Tax technology Terrorism tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine universal credit universal jurisdiction unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe

Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: