Author: Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression. "This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

"Free speech encompasses the right to offend, and indeed to abuse another." - Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

"Free speech is a fundamental common law right" - Para 21 R v Shayler [2002] UKHL 11 [2003] 1 AC 247 per Lord Bingham and Para 42 Phillips -v- Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin)

Dom is a member of The Free Speech Union

“A key issue here is the need to distinguish between conduct which, however objectionable, does not justify invoking the criminal law and conduct which crosses the line and results in criminal liability" - Para 31 R v O’Neill [2016] EWCA Crim 92 [2016]

“Harassment is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce alarm and distress” - Para 38 R v O’Neill [2016] EWCA Crim 92 [2016]

"The behaviour said to amount to harassment must reach a level of seriousness passing beyond irritations, annoyances....The gravity of the misconduct must be of an order which would sustain criminal liability" - Paras [40-44] Hayden v Dickenson [2020] EWHC 3291 (QB)

"If you tell the truth, you don't have to remember anything"

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won...Dom on BBC Working Lunch

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Law

Privacy and Electronic Communications Regulations (PECR)

pecr cookies and privacy

The General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) are two sets of rules that govern data protection and electronic marketing communications in the UK.

PECR was introduced in 2003 and updated in 2011, while GDPR came into effect in 2018, replacing the Data Protection Act 1998.

Their full title of PECR is The Privacy and Electronic Communications (EC Directive) Regulations 2003 which is derived from European law. PECR implement European Directive 2002/58/EC, also known as ‘the e-privacy Directive’.

The Information Commissioner’s Office (ICO) publish a Guide to Privacy and Electronic Communications Regulations.

Consent and opt-in

One of the key principles of both GDPR and PECR is that marketers must obtain the consent of individuals before processing their personal data or sending them electronic marketing messages. This means that individuals must actively opt-in to receive marketing messages and must be given the opportunity to easily opt-out of receiving future messages. Examples of electronic marketing messages include emails, text messages, and direct messages on social media platforms.

Cookies and online tracking

Both GDPR and PECR govern the use of cookies and other tracking technologies on websites. Websites must obtain consent from users before placing cookies on their devices, except in cases where the cookies are strictly necessary for the functioning of the website. The regulations also require website owners to provide clear and comprehensive information about the types of cookies used on their sites and their purposes.

There are two exemptions which apply where:

  • the cookie is for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
  • the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent.

Direct marketing

Direct marketing is a type of marketing that involves sending messages directly to individuals, such as through email or direct mail. GDPR and PECR require that individuals are given the opportunity to opt-out of receiving direct marketing messages, and that marketers must stop sending messages to individuals who have opted-out. The regulations also prohibit the use of pre-ticked boxes or other forms of consent that are automatically applied to individuals.

Complaints

The concerns section of the ICO website contains more information on when and how individuals can report their concerns to the ICO.

If someone complains about your electronic marketing (eg spam calls or texts), cookies or other privacy issues regarding electronic communications, we will record and review their concerns, and we may investigate your compliance with PECR. If we decide it is likely you have failed to comply with PECR or other data protection legislation, we may ask you to take steps to remedy this and avoid similar complaints in future. If appropriate, we may decide to take enforcement action.

Guide to PECR ICO

Enforcement and penalties

Both GDPR and PECR are enforced in the UK by the Information Commissioner’s Office (ICO). The ICO has the power to investigate and take enforcement action against organisations that breach the regulations, including imposing fines and other penalties.

In 2021, the ICO fined British Airways and Marriott International for breaching GDPR, with fines of £20m and £18.4m respectively.

GDPR and PECR are important sets of regulations that govern data protection and electronic marketing communications in the UK.

Marketers must obtain the consent of individuals before processing their personal data or sending them marketing messages, provide clear and comprehensive information about the use of cookies on their websites, and give individuals the opportunity to opt-out of receiving direct marketing messages.

Failure to comply with GDPR and PECR can result in significant fines and other penalties, so it is essential for organizations to ensure they are following the regulations carefully.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Legal Analysis

What is a Contract ?

what is a contract

Contracts are are used to establish legally binding agreements between parties which can written or oral. Contracts can be simply described as a promise enforceable by law.

In the UK, contracts are governed by the common law, which is a body of law that is derived from judicial decisions rather than legislation.

This article will provide an overview of contracts and contract law in the UK, including the key elements of a contract, the types of contracts, and the remedies available for breach of contract.

Elements of a Contract

There are four essential elements of a contract in UK law: offer, acceptance, consideration, and intention to create legal relations.

  1. An offer is a proposal made by one party to another party that is capable of acceptance. The offer must be sufficiently clear and definite so that the other party can understand what is being offered.
  2. Acceptance is the unqualified agreement to the terms of an offer. The acceptance must be communicated to the offeror and must be made in the manner specified in the offer, or in a reasonable manner if no manner is specified
  3. Consideration is something of value that is given in exchange for something else. The consideration must be something that the parties have agreed to exchange and must be sufficient, but need not be adequate. In other words, the consideration must be of some value, but it does not have to be of equal value to the other party’s consideration.
  4. In order for a contract to be enforceable, both parties must intend to create legal relations. This means that the parties must have a serious intention to be bound by the contract and that the agreement is not merely a social or domestic arrangement.

Types of Contracts

There are many different types of contracts that can be formed in the UK. Some of the most common types of contracts include:

  1. Express contracts are contracts that are formed by the express agreement of the parties. This means that the terms of the contract are explicitly stated either in writing or orally.
  2. Implied contracts are contracts that are formed by the conduct of the parties rather than by their express agreement. In other words, the parties’ actions indicate that they have agreed to certain terms.
  3. Unilateral contracts are contracts in which one party makes a promise in exchange for the other party’s performance. The contract is formed when the second party performs the requested act.
  4. Bilateral contracts are contracts in which both parties make promises to each other. The contract is formed when both parties have made their promises.
  5. Void contracts are contracts that are not enforceable by law. These contracts may be illegal, impossible to perform, or the result of a mistake or fraud.
  6. Voidable contracts are contracts that are valid, but may be avoided by one or both parties. These contracts may be avoided because of a mistake, misrepresentation, undue influence, or duress.

What is an Unfair Contract ?

An unfair contract is a contract that contains terms and conditions that are deemed to be unjust, unreasonable, or unconscionable. These terms may provide one party with an unfair advantage over the other or impose burdens or restrictions on one party that are significantly disproportionate to the benefits received.

Unfair contracts can take many forms and can be found in a variety of contexts, including consumer contracts, employment contracts, and commercial contracts. Examples of unfair contract terms might include clauses that:

  • Limit liability for one party while providing no such protection for the other
  • Grant one party the right to terminate the contract without cause or notice, while denying the same right to the other party
  • Give one party the exclusive right to make decisions or take actions that affect both parties
  • Provide for automatic renewals or extensions of the contract without sufficient notice or opportunity to terminate
  • Require one party to waive certain legal rights or remedies in exchange for entering into the contract

The exact criteria for what constitutes an unfair contract may vary. In general, however, an unfair contract is one that places one party at a significant disadvantage and is not the result of a freely negotiated agreement between the parties.

Remedies for Breach of Contract

If one party breaches a contract, the other party may have legal remedies available to them. Some of the most common remedies for breach of contract include:

  1. Damages are a monetary award that is intended to compensate the non-breaching party for the loss suffered as a result of the breach.
  2. Specific performance is a court order that requires the breaching party to fulfil their obligations under the contract.
  3. An injunction is a court order that prohibits the breaching party from doing something that would cause harm to the non-breaching party.
  4. Rescission is the cancellation of the contract and the parties are put back into the position in which they were before the contract was made.. This remedy is available when one or both parties have been induced to enter into the contract by fraud or mistake.

Contracts and contract law are complex topics that require careful consideration and attention to detail. By understanding the elements of a contract, types of contracts, and remedies for breach of contract, businesses and individuals can protect their interests and ensure that they operate in compliance with UK law.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

Check out our articles on  What is the Law ?, R v Sussex Justices, Rule of Law, Litigants in Person, McKenzie Friends, HHJ Farquhar, HHJ Bedford and the highly dubious Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Law

What is the Law ?

what is law

The law is a fundamental aspect of any society, and the United Kingdom is no exception.

The law governs our everyday lives, providing a framework for behaviour and a means to resolve disputes. But what exactly is law in the UK ?

‘If you think the criminal courts are dysfunctional, take a look at the family court system. Just a giant money tree for the lawyers.’

Chris Daw KC

Sources of UK Law

The UK legal system is based on common law, which means that laws are created through court decisions as well as through legislation. The main sources of UK law are:

  1. Statute law – Statute law is law that is created by Parliament through Acts of Parliament. These laws are written down and apply to everyone in the UK. Statute law can only be changed or repealed by Parliament. Examples of statutory law include the Human Rights Act 1998, the Equality Act 2010, and the Accessories and Abettors Act 1861.
  2. Common law – Common law is law that is created through court decisions. Judges use precedents (previous court decisions) to decide cases, and these decisions then become part of the law. Common law can be changed or overridden by statute law. Examples of common law include the principles of negligence and tort law.
  3. European Union law – The UK was a member of the European Union until 2020, and during that time, EU law had an impact on UK law. EU law includes regulations, directives, and decisions, and it takes precedence over UK law. Examples of EU law include the General Data Protection Regulation (GDPR), the Working Time Directive, and the Environmental Liability Directive.
  4. International law – International law is the set of rules and principles that govern relations between states. The UK is bound by international treaties and agreements, and international law can also be used to interpret UK law. Examples of international law include the Universal Declaration of Human Rights, the Geneva Conventions, and the United Nations Convention on the Rights of the Child.

Principles of UK Law

There are several key principles that underpin UK law. These include:

  1. The Rule of Law – This principle means that everyone is subject to the law, including the government. The law is applied fairly and equally to everyone, and no one is above the law. The rule of law ensures that the legal system is fair, predictable, and consistent.
  2. Parliamentary Sovereignty – This principle means that Parliament is the supreme law-making authority in the UK. Parliament can make or unmake any law, and no other body can override or challenge its decisions. This principle gives Parliament significant power over the legal system and ensures that the law reflects the will of the people.
  3. Separation of Powers – This principle means that the UK government is divided into three branches: the executive, the legislature, and the judiciary. Each branch has its own powers and responsibilities, and they act as a check on each other to prevent any one branch from becoming too powerful.
  4. Human Rights – The UK is bound by various international human rights treaties and agreements, including the European Convention on Human Rights. These treaties and agreements provide legal protection for fundamental human rights such as freedom of speech, freedom of religion, and the right to a fair trial.

Structure of UK Law

The UK legal system is hierarchical, with different courts having different levels of authority. The highest court in the UK is the Supreme Court, which is the final court of appeal for all civil and criminal cases in the UK. Below the Supreme Court are the Court of Appeal, the High Court, and various lower courts such as the Magistrates’ Court and the Crown Court.

In conclusion, the law is an essential aspect of UK society, providing a framework for behaviour and a means to resolve disputes.

UK law is based on common law and statutory law, and it is underpinned by principles such as the rule of law, parliamentary sovereignty, separation of powers, and human rights.

The UK legal system is hierarchical, with different courts having different levels of authority, and the Supreme Court being the final court of appeal.

Check out our related articles on Rule of Law, Open Justice, Is the Law Black and White ?, Branches of Law, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?, Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Law

Accessories and Abettors Act 1861

Accessories and Abettors Act 1861

This Accessories and Abettors Act 1861 was introduced to clarify the legal position of those who assist, encourage, or facilitate the commission of a crime. It is therefore a piece of legislation that has had a significant impact on criminal law in England and Wales.

Could a Senior Financial Remedy Judge such as HHJ Farquhar, whilst sitting in Private, have committed a criminal offence under Section 3 of Accessories and Abettors Act 1861 by “encouraging and turning a blind eye” to an allegation of fraud ?

The Rule of Law is clear that “no one is above the law”.

Prior to the introduction of this Act, the law surrounding accomplices was unclear and inconsistent.

The Accessories and Abettors Act 1861 aimed to address this by providing a clear and consistent framework for dealing with those who aid or encourage the commission of a crime.

The Act consists of three sections, each dealing with a different aspect of criminal liability.

Section 1 deals with those who aid, abet, counsel or procure the commission of an offence. This section makes it an offence to aid, abet, counsel or procure the commission of an offence, even if the person who aids or encourages the offence does not actually commit the offence themselves.

Section 2 of the Act deals with those who are present at the scene of a crime and who help the person who has committed the offence to escape punishment. This section makes it an offence to assist a person who has committed an offence to avoid arrest, trial or punishment.

Section 3 of the Act deals with those who receive, relieve, comfort or assist a person who has committed an offence, knowing that person to be guilty of that offence. This section makes it an offence to help someone who has committed a crime to evade justice.

Accessories and Abettors Act 1861Download

The Accessories and Abettors Act 1861 has been used in a wide range of criminal cases, from minor offences such as shoplifting to more serious crimes such as murder. It has proved to be a useful tool for prosecutors, allowing them to hold not only the principal offender but also those who aided or encouraged the offence to account.

In recent years, the Act has been used in cases involving cybercrime and terrorism. For example, in 2015, a man was charged under Section 1 of the Act for providing material support to ISIS. In this case, the man was not directly involved in any terrorist activities himself, but he was found to have provided financial and logistical support to those who were.

While the Accessories and Abettors Act 1861 has been a useful tool for prosecutors, it is not without its critics. Some have argued that the Act is too broad and can be used to prosecute individuals who had only a minor role in a crime.

Others have argued that the Act is outdated and in need of reform to take into account modern technology and the changing nature of criminal activity.

In conclusion, the Accessories and Abettors Act 1861 has been an important piece of legislation in the development of criminal law in England and Wales.

Its clear and consistent framework for dealing with accomplices has helped to ensure that those who aid or encourage the commission of a crime can be held accountable for their actions. However, as with any piece of legislation, there is always room for debate and discussion about its effectiveness and potential for reform.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Law

Oldest Legislation that is still in use today ?

Oldest Legislation

Here are the 25 oldest pieces of UK legislation, in chronological order, that are still in use today :-

  1. Statute of Marlborough 1267: This statute established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury.
  2. Magna Carta 1297: This historic document established the principle of the rule of law and limited the power of the monarch by granting certain rights and freedoms to the people.
  3. Statute of Westminster 1275: This statute set out the legal procedure for bringing criminal charges and introduced the concept of “treason” as a criminal offense.
  4. Quia Emptores 1290: This statute regulated the sale of land and established the principle of subinfeudation, which allowed tenants to sublet or sell their land.
  5. Statute of Gloucester 1278: This statute set out the legal procedure for bringing civil claims and established the principle of “trial by jury.”
  6. De Donis Conditionalibus 1285: This statute established the concept of “fee tail” in property law, which allowed landowners to restrict the inheritance of their property.
  7. Statute of Quo Warranto 1290: This statute regulated the granting of royal charters and established the principle that all franchises and liberties should be granted by the king or his representative.
  8. Westminster II 1285: This statute regulated the use of the writ of “novel disseisin,” which allowed a landowner to recover property that had been taken by force.
  9. Statute of Winchester 1285: This statute established the principle of “hue and cry,” which required all citizens to assist in the capture of criminals and the maintenance of law and order.
  10. Articuli Super Chartas 1300: This statute confirmed the rights and privileges granted in Magna Carta and established the principle that the king was subject to the law.
  11. The Charter of the Forest 1217: This historic document granted certain rights and freedoms to the people, including the right to use the royal forests for grazing and hunting.
  12. The Charter of Liberties 1100: This historic document granted certain rights and freedoms to the people, including the right to a fair trial and protection from arbitrary imprisonment.
  13. The Assize of Clarendon 1166: This law established the principle of “trial by jury” and regulated the legal procedure for criminal trials.
  14. The Statute of Mortmain 1279: This statute regulated the transfer of land to the church and limited the ability of religious orders to acquire land.
  15. The Statute of Westminster II 1285: This statute established the principle of “trial by jury” in civil cases and regulated the use of the writ of “novel disseisin.”
  16. The Statute of Merton 1235: This statute regulated the use of “common land” and established the principle that landowners could enclose their land.
  17. The Statute of Marlborough 1267: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  18. The Statute of Westminster III 1354: This statute established the principle of “due process” and granted certain rights to accused persons, including the right to a fair trial.
  19. The Statute of Westminster I 1275: This statute regulated the legal procedure for criminal trials and introduced the concept of “treason” as a criminal offense.
  20. The Statute of Gloucester 1278: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  21. The Statute of Quia Emptores 1290: This statute regulated the sale of land and limited the ability of tenants to sublet or sell their land.
  22. The Statute of Winchester 1285: This statute regulated the maintenance of law and order and established the principle of “hue and cry.”
  23. The Statute of Northampton 1328: This statute regulated the use of force by constables and established the principle that individuals had the right to protect themselves and their property.
  24. The Statute of Westminster I 1275 (Second enactment): This statute regulated the legal procedure for civil trials and established the principle of “trial by jury.”
  25. The Statute of Treasons 1351: This statute established the concept of “high treason” as a criminal offense and regulated the legal procedure for treason trials.

It is worth noting that while these laws are still technically in use, many have been amended or repealed over the centuries, and their relevance in modern legal practice is limited.

If you wish to learn more about these laws or access their full text, you can search for them on the official UK legislation website.

What is an Act of Parliament ?

An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Law Legal Analysis

The Privy Council

the privy council united kingdom

The Privy Council is an institution that has played an important role in the governance of many countries throughout history.

Its origins can be traced back to the medieval period when it was established as a group of trusted advisors to the monarch.

Over time, the role and composition of the Privy Council have changed, but it remains an important institution today.

History of the Privy Council

The origins of the Privy Council can be traced back to the 13th century when it was established as a group of advisors to the English monarch. Its role was to provide advice on matters of state, and its membership was made up of senior nobles and bishops.

Over time, the Privy Council’s role expanded, and it became involved in the administration of justice and the governance of the country.

During the Tudor period, the Privy Council played an important role in the governance of England. It was responsible for enforcing royal policy, managing the economy, and overseeing the administration of justice. The Privy Council also had the power to make laws, and its decisions were binding.

In the 17th century, the Privy Council’s role changed once again. With the rise of Parliament, its power was reduced, and it became more of a ceremonial institution. However, it remained an important symbol of the monarch’s authority and continued to play a role in the governance of the country.

In the 19th century, the Privy Council’s role changed once again. With the growth of the British Empire, the Privy Council became responsible for overseeing the administration of justice in the colonies. It established the Judicial Committee of the Privy Council, which became the final court of appeal for many countries in the Commonwealth.

The Privy Council Today

Today, the Privy Council remains an important institution in many Commonwealth countries. Its role varies from country to country, but it continues to provide advice to the monarch and play a role in the governance of the country.

“These days, however, the Privy Council is simply the mechanism through which interdepartmental agreement is reached on those items of Government business which, for historical or other reasons, fall to Ministers as Privy Counsellors rather than as Departmental Ministers.

Although members of the Privy Council are appointed for life, only Ministers of the current Government participate in its day-to-day business and they are accountable to Parliament for all matters conducted through the Privy Council. The Ministerial head of the Privy Council Office is the Lord President of the Council.

Privy Council business falls into two main categories:

  • Prerogative business – where there is no legislation allocating the responsibility to a particular Minister, the Privy Council provides a mechanism for Ministerial advice to The King, since constitutionally The King acts only on such advice.
  • Statutory business – where an Act of Parliament has given order making powers to either the The King in Council (Orders in Council) or the Privy Council (Orders of Council).

“Prerogative” business taken through the Privy Council means, almost exclusively these days, the affairs of Chartered bodies; the 1000 or so institutions, charities and companies who are incorporated by Royal Charter. Most other historical prerogative powers have been taken over by Parliament, and the Privy Council is not involved for example in declarations of war or the prerogative of mercy.

The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions including health, and in the world of higher education.

Orders “in” and “of” Council are no different from other forms of delegated legislation. Where they are statutory they will usually involve a Parliamentary procedure. Where they are prerogative they will usually be of no particular public interest, other than to the bodies to which they refer.

The details of its past meetings are published on the Privy Council website, along with all Orders “in”, and Orders “of”, Council.

The Rt Hon Penny Mordaunt was appointed as Lord President of the Council in September 2022.“

The Privy Council

Origins of the Word Privy

The word “privy” comes from the Latin word “privatus,” which means “private.” In medieval times, a privy council was a group of advisors who were chosen by the monarch to provide private counsel.

The word “privy” also has a connection to the word “privacy,” which suggests that the council’s discussions were confidential and private.

There is also the noun privy which is an outdoor toilet, typically a small shed with a bench with a hole over a pit.

The word “privy” as a toilet can be traced back to Middle English, where it was originally used to refer to a private room or chamber. Over time, the term came to be associated specifically with a small, enclosed room that was used as a toilet.

In medieval times, people often used chamber pots or simply relieved themselves in the open air. But as cities grew more crowded and sanitation became a concern, some households began to construct small, enclosed rooms that could be used as a private toilet. These rooms were often located in a separate building outside the main house, and they were known as “privies.”

As indoor plumbing became more common in the 19th and 20th centuries, the use of outdoor privies declined. However, the term “privy” has persisted as a somewhat old-fashioned way of referring to an outdoor toilet or outhouse.

The Full Title of the Privy Council

The full title of the Privy Council is the “Most Honourable Privy Council.” This title reflects the council’s importance and status as a symbol of the monarch’s authority.

The Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is an important institution that has played a key role in the administration of justice in many Commonwealth countries. It was established in the 19th century to provide a final court of appeal for the colonies.

The Judicial Committee is made up of judges who are appointed by the monarch on the advice of the Prime Minister. Its decisions are binding and cannot be appealed, and it has the power to hear cases from any country in the Commonwealth.

Today, the Judicial Committee continues to hear cases from many Commonwealth countries, including Canada, Australia, and New Zealand. Its decisions have played an important role in the development of the law in these countries.

Commonwealth Countries and the Privy Council

The Privy Council continues to play a role in the governance of many Commonwealth countries. Its role varies from country to country, but it remains an important institution in many places.

In the United Kingdom, the Privy Council provides advice to the monarch on matters of state, and its members are appointed by the monarch on the advice of the Prime Minister. The Privy Council also has the power to make laws, and its decisions are binding.

In Canada, the Privy Council is a group of advisors to the Governor General, who acts as the King’s representative. Its role is to provide advice on matters of state, and its members are appointed by the Governor General on the advice of the Prime Minister.

In Australia, the Privy Council no longer plays a role in the governance of the country. In 1986, the country abolished appeals to the Privy Council and established the High Court of Australia as the final court of appeal.

In New Zealand, the Privy Council was the final court of appeal until 2004 when the country established the Supreme Court of New Zealand. Today, the Privy Council no longer plays a role in the governance of New Zealand.

In many other Commonwealth countries, the Privy Council continues to play a role in the administration of justice. Its decisions have had a significant impact on the development of the law in these countries, and its role as a symbol of the monarch’s authority remains an important part of their constitutional systems.

The Privy Council is an institution that has played an important role in the governance of many countries throughout history. Its origins can be traced back to the medieval period, and it has evolved over time to reflect changing political and social conditions.

Today, the Privy Council remains an important institution in many Commonwealth countries, providing advice to the monarch and playing a role in the administration of justice.

Its role varies from country to country, but it remains an important symbol of the monarch’s authority and a key part of the constitutional system.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Legal Professionals

1 Crown Office Row Barrister Chambers (1COR)

1 crown office row barrister chambers

1 Crown Office Row Barrister Chambers was founded in 1935 and has been operating for over 85 years. One Crown Office Row has built a reputation as one of the leading sets of barristers in the UK. 1 Crown Office Row (1COR) Barrister Chambers have offices based in London and Brighton Sussex UK.

On the 1COR history page on their website, they claim

“No fewer than 16 former members have been appointed as judges of the High Court and above, with Lord Woolf being appointed a Law Lord, Lord Chief Justice and Master of the Rolls and both Lord Justice Watkins and Lord Justice Latham being appointed Deputy Lord Chief Justice. Numerous members have been appointed to positions on the circuit bench and in the County Court.”

The 1 Crown Office Row Barrister Chambers (1COR) website states :-

“1COR is one of the best common law sets of chambers at the Bar. It has strength-in-depth and all of its members are intellectually out of the top-drawer.”

1 Crown Office Row Barrister Chambers London 1COR

“1 Crown Office Row members provide expert legal counsel and representation with clerks offering first class service to our a diverse client base.”

1 Crown Office Row Barrister Chambers Brighton Sussex 1COR

“Save time and money on legal services with a Direct Access Barrister. Our Direct Access Clerks are waiting to assist you. They will happily recommend which Direct Access Barrister is best placed to help you.”

1COR Direct – Direct Access 1 Crown Office Row Barristers

1 Crown Office Row London Office

1 Crown Office Row
Temple
London
EC4Y 7HH

Tel: 020 7797 7500
Email: [email protected]

1 Crown Office Row Brighton Office

1 Crown Office Row
119 Church Street
Brighton
BN1 1UD

Tel: 01273 625 625
Email: [email protected]

1COR Direct Barristers London

1 Crown Office Row
Temple
London
EC4Y 7HH

Phone: 020 7797 7500
Email: [email protected]

1 COR Direct Barristers Brighton

1 Crown Office Row
119 Church Street
Brighton
BN1 1UD

Phone: 01273 81 00 11
Email : [email protected]

Check out our article on the highly questionable Sussex Family Justice Board.

Read our review of Gavin Howe Barrister and Eleanor Battie Barrister who are both based at the 1 Crown Office Row Barrister Chambers (1COR) in Brighton Sussex.

This page is not sponsored by 1 Crown Office Row (1COR) Barrister Chambers / 1COR Direct / Gavin Howe / Eleanor Battie nor is it an endorsement of 1 Crown Office Row (1COR) Barrister Chambers / 1 COR Direct / Gavin Howe / Eleanor Battie.

The photo featured in this article is of Rev D A C Barnes DD (RIP) which was taken on the 24th November 2022 outside the offices of 1 Crown Office Row Barrister Chambers (1COR) in Brighton Sussex. Rev Barnes was not a barrister.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Law

Equality Act 2010

law and justice equality

The Equality Act 2010 is a piece of legislation in the UK that was introduced to provide a comprehensive framework for tackling discrimination and promoting equality.

The Act was introduced on the1st October 2010 and replaced previous anti-discrimination laws, such as the Race Relations Act and the Disability Discrimination Act.

The Act covers a wide range of areas, including access to goods and services, employment, and schools and education.

Its provisions are designed to ensure that everyone has equal opportunities and is treated fairly, regardless of their protected characteristics.

Protected Characteristics

The Equality Act 2010 outlines nine protected characteristics that are protected by law. These characteristics are:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race
  7. Religion or belief
  8. Sex
  9. Sexual orientation

These characteristics are protected by law, which means that it is illegal to discriminate against someone based on any of these characteristics.

Discrimination can take many forms, including direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments.

Understanding the Protected Characteristics

Age

Age discrimination occurs when someone is treated unfairly because of their age. This can include refusing to hire someone because they are too old or too young, or treating someone differently because of their age.

Disability

Disability discrimination occurs when someone is treated unfairly because of a physical or mental disability. This can include things like refusing to make reasonable adjustments to accommodate someone’s disability or treating someone differently because of their disability.

Gender Reassignment

Gender reassignment discrimination occurs when someone is treated unfairly because they are transitioning or have transitioned from one gender to another.

Marriage and Civil Partnership

Marriage and civil partnership discrimination occurs when someone is treated unfairly because they are married or in a civil partnership.

Pregnancy and Maternity:

Pregnancy and maternity discrimination occurs when someone is treated unfairly because they are pregnant, have given birth, or are on maternity leave.

Race

Race discrimination occurs when someone is treated unfairly because of their race or ethnicity. This can include things like racial slurs, jokes, and offensive comments.

Religion or Belief:

Religion or belief discrimination occurs when someone is treated unfairly because of their religion or belief system. This can include things like refusing to hire someone because of their religion or treating someone differently because of their beliefs.

Sex

Sex discrimination occurs when someone is treated unfairly because of their sex. This can include things like paying women less than men for the same work or refusing to hire someone because of their gender.

Sexual Orientation

Sexual orientation discrimination occurs when someone is treated unfairly because of their sexual orientation. This can include things like refusing to serve someone in a restaurant because of their sexual orientation or treating someone differently because of their sexual orientation.

Public Sector Equality Duty

The Equality Act 2010 also introduced a public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices. This duty applies to all public authorities, including government departments, local councils, and the NHS.

Under the public sector equality duty, public authorities must:

  • Eliminate discrimination, harassment, and victimisation.
  • Advance equality of opportunity.
  • Foster good relations between different groups.

Public authorities must also publish equality objectives and gather data on the diversity of their workforce and service users.

The Equality Act 2010 is an important piece of legislation that is designed to promote equality and protect individuals from discrimination.

Its provisions cover a wide range of areas, including access to goods and services, employment, and education, and it outlines nine protected characteristics that are protected by law.

By ensuring that everyone has equal opportunities and is treated fairly, the Act helps to create a more inclusive society where everyone can thrive. The Act also includes the public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices.

If you feel that you have experienced discrimination based on any of the protected characteristics outlined in the Equality Act 2010, there are several resources available to you.

The Equality and Human Rights Commission (EHRC) is an independent body that is responsible for promoting and enforcing equality and human rights laws in the UK. They provide information and guidance on discrimination and can also take legal action against individuals or organizations who violate the Equality Act.

You can also seek advice and support from organisations that specialise in supporting individuals who have experienced discrimination. Some examples include:

  • The Citizens Advice Bureau: Provides free and confidential advice on a wide range of issues, including discrimination.
  • Stonewall: A charity that works to promote equality for lesbian, gay, bi, trans, queer, questioning and ace (LGBTQ+) people
  • Disability Rights UK: A charity that provides support and information for disabled people.
  • Equality and Employment Law Centre is a not-for-profit, specialist provider of employment law, discrimination and HR advice and services.

In conclusion, the Equality Act 2010 is an essential piece of legislation that protects individuals from discrimination and promotes equality.

By understanding the protected characteristics and the provisions of the Act, we can all work towards creating a more inclusive and equal society.

Equality Act 2010Download
Equality Act 2010 Correction SlipDownload

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Law

Etiquette and Manners in Court

etiquette and manners in court

Etiquette and manners are important aspects of the court system. They help to maintain the decorum of the court, ensure the fair and impartial administration of justice, and demonstrate respect for the rule of law.

Etiquette and Manners Legal Penalties ?

While there are no specific laws or penalties related to court etiquette and manners, it is generally expected that all participants in the court system, including judges, barristers, solicitors, and members of the public, behave in a professional and respectful manner.

Show respect to the Judge

One of the most important rules of court etiquette is to show respect for the judge.

This includes standing up when the judge enters or leaves the courtroom, addressing the judge as “Your Honour” or “Sir/Madam,” and speaking only when spoken to.

It is also important to remain quiet and attentive during court proceedings, and to avoid any disruptive behaviour such as talking loudly, eating or drinking, or using mobile phones.

There is no requirement to bow to a judge. Please see our articles Do You Have to Bow to a Judge ? and Can you Criticise a Judge ?

Court Dress Code

Another key aspect of court etiquette is dress code. Participants in court proceedings are expected to dress appropriately and professionally, with men typically wearing suits and ties and women wearing similarly formal attire. Revealing or provocative clothing is not considered appropriate for court.

Rules specific to Barristers

In addition to these general rules of court etiquette, there are also specific rules related to the behaviour of barristers. Barristers are expected to maintain a high level of professionalism and to act in accordance with the Bar Standards Board Code of Conduct. This includes showing respect to the court and to other participants in the legal system, and refraining from any behaviour that could be seen as disrespectful or unprofessional.

Barristers are also expected to be polite and courteous to their clients, and to treat them with respect and professionalism. However, this does not necessarily mean that barristers must always agree with their clients or follow their instructions.

Barristers have a duty to act in the best interests of their clients, even if this means disagreeing with them or offering advice that they may not want to hear.

How to Address a Judge ?

  • High Court Masters, Insolvency and Companies Court Judges and Deputy District Judges are also to be addressed as ‘Judge’
  • Senior Judges, Court of Appeal Judges and High Court Judges are to be addressed as ‘My Lord’ or ‘My Lady’
  • Circuit Judges are to be addressed as ‘Your Honour’
  • Deputy District Judges are to be addressed as ‘Sir’ or ‘Madam’
  • Magistrates are to be addressed as ‘Your Worship’, or ‘Sir’ or ‘Madam’

It is quite telling of the Judiciary and Justice system that the article What do I call a judge? published on the Judiciary website makes no account for transgender people.

How to Address a Barrister ?

There are also specific rules related to how barristers should address judges and other legal professionals. Barristers should also address other barristers, solicitors and Litigants in Person(LIP) by the appropriate pronoun usually followed by their surname.

Judges Powers

Judges have the power to enforce order in the court and maintain decorum and to reprimand participants who engage in inappropriate behaviour. This includes the power to issue warnings, to impose fines for contempt of court, and to remove participants from the courtroom if necessary.

Inappropriate behaviour in court can take many forms, but generally refers to any behaviour that disrupts court proceedings or shows disrespect for the court or other participants in the legal process. Examples of inappropriate behaviour might include:

  • Speaking out of turn or interrupting court proceedings
  • Using offensive or disrespectful language
  • Failing to follow court rules or directions
  • Ignoring the authority of the judge or court
  • Failing to show respect for the court, such as by not standing when the judge enters or leaves the courtroom

It should be noted that Article 10 of the Human Rights Act 1998 protects your right to hold your own opinions.

This is a qualified right which lets you hold opinions and express them freely verbally, in writing, through television, radio or the internet.

The Law and Practice Directions

There are a number of laws, practice directions, and rules that govern court proceedings and provide guidance on appropriate behaviour. These include:

  • The Contempt of Court Act 1981, which outlines the types of behaviour that may constitute contempt of court and sets out the penalties for contempt, including fines and imprisonment
  • The Family Procedure Rules, which set out the rules for the conduct of criminal proceedings in courts in England and Wales
  • The Criminal Procedure Rules, which set out the rules for the conduct of family proceedings in courts in England and Wales
  • The Civil Procedure Rules, which set out the rules for the conduct of civil proceedings in courts in England and Wales
  • The Practice Directions issued by the courts, such as the Supreme Court, which provide guidance on procedural matters and court etiquette.

Unwrite rules on Etiquette and Manners

In addition to these legal rules and guidance, there are also unwritten rules and traditions that govern court behaviour and etiquette.

These are based on longstanding traditions and customs and are designed to ensure that court proceedings are conducted in a respectful and dignified manner.

Conclusion

Overall, judges have a range of powers to enforce order in court and to ensure that court proceedings are conducted in a fair and respectful manner. Participants in court proceedings are expected to follow the rules and guidance set out by the courts, and to behave in a professional and respectful manner at all times.

Admonished by a High Court Judge

On the 2nd November 2022 at the High Court of England and Wales, I as a Litigant in Person (LIP) directly called the barrister Mr Gavin Howe a liar in Court.

This was a public hearing and the transcript could be requested using the form EX107: Order a transcript of court or tribunal proceedings.

Mrs Justice Roberts of the Family Division of the High Court, immediately admonished me and said that I should show Mr Howe “more courtesy and respect”.

Similar to a politician in parliament, I rephrased my factual assertion to comply with the rules of etiquette :-

“Mr Howe has attempted to either deliberately mislead the High Court by lying or is totally incompetent”.

This must have been acceptable to Mrs Justice Roberts as the hearing continued in earnest.

Read the reviews of Junior Sussex Barrister Gavin Howe and make up your own mind about a currently practising Barrister’s Competence, Etiquette and Manners.

etiquette and manners

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Judiciary Legal Professionals

Judges

Judges of England and Wales

What is a Judge ?

A judge is a legal professional who presides over court proceedings and makes rulings and judgments on legal cases.

Judges are responsible for ensuring that trials are conducted fairly and impartially, and for interpreting and applying the law in accordance with the relevant statutes, legal precedents, and principles of justice.

Check out our articles Could AI replace judges ? and Could AI replace lawyers ? for a detailed analysis of Artificial Intelligence (AI) and what it means for the Justice system not only in the UK but also around the world.

Types of Judges

  1. District Judges – who preside over cases in the County Court and in certain types of tribunals.
  2. Tribunal Judges – who preside over hearings in the various tribunals that exist to resolve disputes in specific areas of law. These tribunals include the Employment Tribunal, the First-tier Tribunal, the Upper Tribunal, and the Tax Tribunal, amongst others.
  3. Circuit Judges – who preside over cases in the Crown Court and some types of civil cases in the County Court.
  4. High Court Judges – who preside over cases in the High Court, which is a superior court with jurisdiction over a wide range of legal matters.
  5. Court of Appeal Judges – who preside over cases in the Court of Appeal, which hears appeals from the High Court and other lower courts.
  6. Supreme Court Justices – who preside over cases in the UK’s highest court, the Supreme Court, which is the final court of appeal in the UK for civil cases.

Day to Day tasks of a Judge

Judges daily tasks include :-

  • prepare for trials by reading papers submitted by legal teams
  • hear civil, family and criminal cases
  • listen to evidence from witnesses, defendants and victims
  • advise juries and legal teams on points of law
  • pass sentences on conviction and impose other penalties
  • reach decisions in tribunals, for example on employment disputes or immigration cases
  • help sides to find agreement in civil cases before proceedings begin
  • take expert opinion, for instance in custody or child welfare cases
  • hear appeals and review decisions of lower courts
  • write reports, giving reasons for rulings
  • keep up to date with legal developments
National Careers Service

Judges Pay and Hours

According to the National Careers Service judges can expect to get paid up to £267,509 and work up to 42 hours in a typical week. Please also see our article on Judges Salaries and Fees.

Working Hours of Judges

Some people do mistakenly think that judges’ working hours are confined to court sitting hours, which are normally 10.30am-4.30pm.

But the reality is very different; most judges also carry a lot of ‘box work’ (paperwork) on current and future (and sometimes past) cases – especially as most cases are settled or concluded before they reach the stage of a court hearing. It is not unusual for judges to work late into the evening, writing judgments and reading files of evidence and letters from parties. They do not claim overtime for this.

There are 4 terms in the legal year, which are the main sitting times for the High Court and Court of Appeal. Most courts do have sittings around the year, and even in the High Court and Court of Appeal, emergency hearings and processing of cases continue during the vacations.

Senior judges use the ‘vacation’ periods between terms to catch up on new legislation and case law, as well as undertaking formal training.

Courts and Tribunal Judiciary Working Hours

Judicial sitting days

Court of Appeal Judges and High Court Judges are expected to devote themselves to judicial business throughout the legal year which usually amounts to somewhere in the region of 185-190 days.

Circuit Judges are expected to sit for a minimum of 210 days, although the expectation is for between 215-220 per year.

District Judges are expected to sit for a minimum of 215 days.

Judges also have out of court duties to perform such as reading case papers, writing judgments, and keeping up to date with new developments in the law.

Courts and Tribunal Judiciary The legal year, term dates and sitting days

The Legal Year

The origins of the legal year are the service in Westminster Abbey which dates back to 1897 when judges prayed for guidance at the start of the legal term. Judges, whose courts were held in Westminster Hall, left the city and walked to the abbey to take part in the service.

The ceremonies now are more or less as they have always been but, instead of the two mile walk from Temple Bar to Westminster Abbey, the judges now travel by car.

The 45-minute service, which starts at 11:30am, is conducted by the Dean of Westminster. It includes prayers, hymns, psalms and anthems; the Lord Chancellor reads a lesson.

Around 700 people are invited to attend the service and breakfast. These include judges, senior judicial officers, the Law Officers, King’s Counsel (KC), government ministers, lawyers, members of the European Court and other overseas judges and lawyers. Judges and KCs wear ceremonial dress.

Courts and Tribunal Judiciary The legal year, term dates and sitting days

Term Dates

The term dates for the legal year apply to sittings in the High Court and Court of Appeal only, and are fixed in accordance with the Practice Direction 2F which supplements Part 39 of the Civil Procedure Rules.

2023

Hilary: Wednesday 11 January to Wednesday 5 April 2023
Easter: Tuesday 18 April to Friday 26 May 2023
Trinity: Tuesday 6 June to Monday 31 July 2023
Michaelmas: Monday 2 October to Thursday 21 December 2023

2024

Hilary: Thursday 11 January to Wednesday 27 March 2024
Easter: Tuesday 9 April to Friday 24 May 2024
Trinity: Tuesday 4 June to Wednesday 31 July 2024
Michaelmas: Tuesday 1 October to Friday 20 December 2024

Courts and Tribunal Judiciary The legal year, term dates and sitting days
Practice-Directions-39B-Court-SittingsDownload

How to Become a Judge

You can only become a Judge through an official appointment.

Volunteering

You can get valuable experience and insights into the work of a judge through the Judicial Work Shadowing Scheme. This may help if you later apply for selection to become a judge.

You normally have to be a qualified legal professional, with at least 7 years’ experience in law-related work to join.

If you have been on the Judicial Work Shadowing Scheme, you can apply for a place on the Judicial Mentoring Scheme. This scheme is open to applications from people who are currently under-represented in the judiciary. For example:

  • women
  • ethnic minorities
  • lawyers with a state school education
National Careers Service

Other routes to becoming a Judge

Judges are appointed by the Judicial Appointments Commission. You’ll need to apply to them to be considered for selection.

To apply, you must:

  • be a qualified solicitor, barrister or chartered legal executive
  • have worked as a legal professional for between 5 and 7 years, depending on the type of judge you want to be
  • meet nationality requirements

Common starting roles include district, recorder and tribunal judges. For certain other judicial roles, you can apply if you’re an experienced legal academic, or trademark or patent attorney.

You must successfully complete several application stages to get through to shortlisting by the Commission. You’ll then be invited to attend an assessment and selection day, which will include interviews.

National Careers Service
What are Judges Lodgings ?

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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