Carl Gardner
@carlgardner.bsky.social
Backroom legal obsessive. Former law lecturer and government lawyer. https://www.linkedin.com/in/carlgardner/ Also books, beer, films, and a bit of politics. London and Warrington.
Reposted by Carl Gardner
My latest piece for the @thespectator1828.bsky.social looks at the Court of Appeal’s judgment in the ‘Gaza family case’.
www.spectator.co.uk/article/why-...
www.spectator.co.uk/article/why-...
Why the Gazan family weren’t entitled to asylum
The Court of Appeal has delivered a judgment on the so-called ‘Gaza family’ claim, which sparked such outrage at Prime Minister’s Questions back in February. The row related to a decision of the Upper...
www.spectator.co.uk
November 27, 2025 at 11:11 AM
My latest piece for the @thespectator1828.bsky.social looks at the Court of Appeal’s judgment in the ‘Gaza family case’.
www.spectator.co.uk/article/why-...
www.spectator.co.uk/article/why-...
Hm. Should Dame Victoria be noting this? Wasn't it proceedings in Parliament, that can't lawfully be questioned by judges?
The way Palestine Action ban was approved by MPs has been raised in the High Court, with Dame Victoria Sharp noting 2 unrelated groups were on the same order
She says MPs may have been "reluctant" to vote against it but the home sec lawyer says the court should be "cautious" giving that any weight
She says MPs may have been "reluctant" to vote against it but the home sec lawyer says the court should be "cautious" giving that any weight
Many MPs demanding explanation on why two other groups are on same banning order
Labour MP Kim Johnson says: "Lumping Palestine Action together with other two obscure groups to ensure it is proscribed is a disgraceful manipulation of parliamentary procedure"
Labour MP Kim Johnson says: "Lumping Palestine Action together with other two obscure groups to ensure it is proscribed is a disgraceful manipulation of parliamentary procedure"
November 28, 2025 at 8:49 AM
Hm. Should Dame Victoria be noting this? Wasn't it proceedings in Parliament, that can't lawfully be questioned by judges?
Reposted by Carl Gardner
Very interesting thread of in-court reporting on Palestine Action hearing, by the estimable @lizziedearden.bsky.social.
Even if government wins, it is facing what is called rather "anxious scrutiny" from the bench.
Suspect government lawyers are not delighted by how hard the judges are pressing.
Even if government wins, it is facing what is called rather "anxious scrutiny" from the bench.
Suspect government lawyers are not delighted by how hard the judges are pressing.
The way Palestine Action ban was approved by MPs has been raised in the High Court, with Dame Victoria Sharp noting 2 unrelated groups were on the same order
She says MPs may have been "reluctant" to vote against it but the home sec lawyer says the court should be "cautious" giving that any weight
She says MPs may have been "reluctant" to vote against it but the home sec lawyer says the court should be "cautious" giving that any weight
Many MPs demanding explanation on why two other groups are on same banning order
Labour MP Kim Johnson says: "Lumping Palestine Action together with other two obscure groups to ensure it is proscribed is a disgraceful manipulation of parliamentary procedure"
Labour MP Kim Johnson says: "Lumping Palestine Action together with other two obscure groups to ensure it is proscribed is a disgraceful manipulation of parliamentary procedure"
November 27, 2025 at 1:20 PM
Very interesting thread of in-court reporting on Palestine Action hearing, by the estimable @lizziedearden.bsky.social.
Even if government wins, it is facing what is called rather "anxious scrutiny" from the bench.
Suspect government lawyers are not delighted by how hard the judges are pressing.
Even if government wins, it is facing what is called rather "anxious scrutiny" from the bench.
Suspect government lawyers are not delighted by how hard the judges are pressing.
Reposted by Carl Gardner
While I was offline I reviewed Baroness Hale of Richmond's newest book. It's actually very good! I'm going soft. Free link here @ www.thetimes.com/article/6dd6...
Return of the Spider Woman: Lady Hale tours Britain’s courts
With the Law on Our Side is a pleasingly old-fashioned look at our legal system by the former president of the Supreme Court
www.thetimes.com
November 26, 2025 at 6:09 PM
While I was offline I reviewed Baroness Hale of Richmond's newest book. It's actually very good! I'm going soft. Free link here @ www.thetimes.com/article/6dd6...
Reposted by Carl Gardner
I have one jury hot take which I think is often missed from the discussion. The primary importance of a jury in criminal trials is not because it is somehow more democratic than judges or because a jury can reach a perverse verdict. Rather it is the safeguard that come from a consensus of numbers.
November 26, 2025 at 4:33 PM
I have one jury hot take which I think is often missed from the discussion. The primary importance of a jury in criminal trials is not because it is somehow more democratic than judges or because a jury can reach a perverse verdict. Rather it is the safeguard that come from a consensus of numbers.
Reposted by Carl Gardner
In essence: juries are important for what decisions they prevent others from making.
Juries are not perfect.
Many of the worst miscarriages of justice have followed jury trials.
But the merit of juries is not so much the power they have, but the power they prevent others from having.
They mean a judge cannot just nod-along with prosecution evidence and give a guilty verdict.
Many of the worst miscarriages of justice have followed jury trials.
But the merit of juries is not so much the power they have, but the power they prevent others from having.
They mean a judge cannot just nod-along with prosecution evidence and give a guilty verdict.
November 25, 2025 at 9:52 PM
In essence: juries are important for what decisions they prevent others from making.
It'd be fair enough for him to argue that the government should tax the rich a lot more. But it's a silly distortion to say they "refuse to tax the rich" after (even ignoring tax rises from last year) they've just announced a "mansion tax". Trumpy post-truth X type disinfo.
The 50 wealthiest families own more wealth than the bottom 50% of the population.
How can this Labour Government say this is a "cost of living" budget and refuse to tax the rich?
They care about protecting power and wealth. And cost of living is a buzz phrase for them. Dire.
How can this Labour Government say this is a "cost of living" budget and refuse to tax the rich?
They care about protecting power and wealth. And cost of living is a buzz phrase for them. Dire.
November 26, 2025 at 3:57 PM
It'd be fair enough for him to argue that the government should tax the rich a lot more. But it's a silly distortion to say they "refuse to tax the rich" after (even ignoring tax rises from last year) they've just announced a "mansion tax". Trumpy post-truth X type disinfo.
Reposted by Carl Gardner
As a quick aside on some of the discourse in E&W on non-jury criminal courts, the summary-jurisdiction District Court here can sentence to up to 12 months on a single offence, up to 24 months on combined offences.
It works and works well but has proper, full-time, legally-experienced judges.
It works and works well but has proper, full-time, legally-experienced judges.
November 26, 2025 at 12:24 PM
As a quick aside on some of the discourse in E&W on non-jury criminal courts, the summary-jurisdiction District Court here can sentence to up to 12 months on a single offence, up to 24 months on combined offences.
It works and works well but has proper, full-time, legally-experienced judges.
It works and works well but has proper, full-time, legally-experienced judges.
I'm unhappy about any limitation of jury trial, but to grapple with the crisis I'd definitely have backed implementing Leveson's proposals. I'm less sure I support going further than Leveson. www.bbc.co.uk/news/article...
Jury trials could be scrapped except in most serious cases
Only cases of alleged murder, rape or manslaughter will be decided by a jury under new proposals to cut court backlogs.
www.bbc.co.uk
November 25, 2025 at 4:36 PM
I'm unhappy about any limitation of jury trial, but to grapple with the crisis I'd definitely have backed implementing Leveson's proposals. I'm less sure I support going further than Leveson. www.bbc.co.uk/news/article...
Reposted by Carl Gardner
This story should be covered waaaaayy more than it is.
The US has sanctioned six judges if the international criminal court ICC, because Trump didn’t like them issuing arrest warrants for Benjamin Netanyahu and former Minister of Defense Yoav Gallant.
www.lemonde.fr/en/internati...
The US has sanctioned six judges if the international criminal court ICC, because Trump didn’t like them issuing arrest warrants for Benjamin Netanyahu and former Minister of Defense Yoav Gallant.
www.lemonde.fr/en/internati...
Nicolas Guillou, French ICC judge sanctioned by the US: 'You are effectively blacklisted by much of the world's banking system'
Six judges and three prosecutors at the International Criminal Court have been sanctioned by the Trump administration. In an interview with Le Monde, Guillou discusses the impact of these measures on ...
www.lemonde.fr
November 24, 2025 at 8:13 PM
This story should be covered waaaaayy more than it is.
The US has sanctioned six judges if the international criminal court ICC, because Trump didn’t like them issuing arrest warrants for Benjamin Netanyahu and former Minister of Defense Yoav Gallant.
www.lemonde.fr/en/internati...
The US has sanctioned six judges if the international criminal court ICC, because Trump didn’t like them issuing arrest warrants for Benjamin Netanyahu and former Minister of Defense Yoav Gallant.
www.lemonde.fr/en/internati...
Reposted by Carl Gardner
Breaking News: Court of Appeal agrees to hear “important” Mazur appeal zurl.co/7ekvM
Court of Appeal agrees to hear "important" Mazur appeal
The Court of Appeal has granted CILEX permission to appeal against the Mazur judgment, saying it “raises an important point of practice".
zurl.co
November 25, 2025 at 2:57 PM
Breaking News: Court of Appeal agrees to hear “important” Mazur appeal zurl.co/7ekvM
Reposted by Carl Gardner
What’s so odd about Budgets is how they are a mix of secrecy and weeks of leaks and pre-announcements
November 25, 2025 at 10:30 AM
What’s so odd about Budgets is how they are a mix of secrecy and weeks of leaks and pre-announcements
Reposted by Carl Gardner
Last chance to book this incredible event.
www.ucl.ac.uk/laws/events/...
Please donate to support the work of an organisation that Lord Hendy KC created to provide access to justice and train next generations of employment lawyers.
www.thefru.org.uk/donate
#AccessToJustice #EmploymentLaw #EmpLaw
www.ucl.ac.uk/laws/events/...
Please donate to support the work of an organisation that Lord Hendy KC created to provide access to justice and train next generations of employment lawyers.
www.thefru.org.uk/donate
#AccessToJustice #EmploymentLaw #EmpLaw
Class Struggle and the Law: An evening in conversation with Lord Hendy KC
A joint UCL Labour Rights Institute - Institute of Employment Rights (IER) event
www.ucl.ac.uk
November 25, 2025 at 10:02 AM
Last chance to book this incredible event.
www.ucl.ac.uk/laws/events/...
Please donate to support the work of an organisation that Lord Hendy KC created to provide access to justice and train next generations of employment lawyers.
www.thefru.org.uk/donate
#AccessToJustice #EmploymentLaw #EmpLaw
www.ucl.ac.uk/laws/events/...
Please donate to support the work of an organisation that Lord Hendy KC created to provide access to justice and train next generations of employment lawyers.
www.thefru.org.uk/donate
#AccessToJustice #EmploymentLaw #EmpLaw
Neither of these men can tolerate accountability or constraint, which explains their animus against judges and law. Their regime from 2019 to 2022 was the worst and most dangerous anyone living in Britain today has known.
They would say that, wouldn't they?
observer.co.uk/news/nationa...
observer.co.uk/news/nationa...
Johnson and Cummings attack the Covid judge | The Observer
observer.co.uk
November 23, 2025 at 11:08 PM
Neither of these men can tolerate accountability or constraint, which explains their animus against judges and law. Their regime from 2019 to 2022 was the worst and most dangerous anyone living in Britain today has known.
It’s hard to say anything about it without spoilers, but Traitors Australia 2 is almost from start to finish a really astonishing procession of individual and group stupidity and weakness. Gripping telly to be fair.
November 23, 2025 at 10:57 PM
It’s hard to say anything about it without spoilers, but Traitors Australia 2 is almost from start to finish a really astonishing procession of individual and group stupidity and weakness. Gripping telly to be fair.
I’d like to know what Sir Ivan, who was a rare Tory supporter of bringing the ECHR into our law I think as far back as the 80s, thinks about his party’s current plans.
November 22, 2025 at 1:36 PM
I’d like to know what Sir Ivan, who was a rare Tory supporter of bringing the ECHR into our law I think as far back as the 80s, thinks about his party’s current plans.
It’s the pre-Ridge v Baldwin public law of the 1960s, but the concept of a “quasi-judicial” decision lives on in political and journalistic writing.
November 21, 2025 at 12:53 PM
It’s the pre-Ridge v Baldwin public law of the 1960s, but the concept of a “quasi-judicial” decision lives on in political and journalistic writing.
Reposted by Carl Gardner
Oh, hullo....
SAS Regiment Association raise ECHR Articles 8 and 6 as grounds to object to Northern Ireland Troubles bill
www.scribd.com/document/951...
www.scribd.com/document/951...
Special Air Service Regimental Association Letter to the RT Hon Hilary Benn MP (1) | PDF
Veterans
www.scribd.com
November 20, 2025 at 8:03 AM
Oh, hullo....
Reposted by Carl Gardner
Every single media lawyer I have spoken with this weeks agree that the BBC is doing exactly the right thing in admitting a mistake without admitting liability.
What serious lawyer would ever advise issuing an apology while there’s an imminent legal threat? How did the BBC not have lines and briefing ready?
Is it even capable of fighting a case when some near its top seem not to want it to win?
Is it even capable of fighting a case when some near its top seem not to want it to win?
November 15, 2025 at 12:31 PM
Every single media lawyer I have spoken with this weeks agree that the BBC is doing exactly the right thing in admitting a mistake without admitting liability.
Reposted by Carl Gardner
New post
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
Misplaced optimism? Lord Briggs on the common law’s capacity to protect human rights in the event of ECHR withdrawal
In a recent lecture, Supreme Court Justice Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the…
publiclawforeveryone.com
November 14, 2025 at 2:54 PM
New post
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
Reposted by Carl Gardner
Yes this looks very much like "we need to avoid a JR" rather than "we're now going to pay out".
To defend the government for a moment, this isn’t a “we’ve found a cool £10bn and want to spend it in a crazy fashion”, this is a “our reasoning for not spending £10bn might have been wrong and we need to do it again” one.
…I give up. I absolutely give up.
November 11, 2025 at 6:18 PM
Yes this looks very much like "we need to avoid a JR" rather than "we're now going to pay out".
You might think the 2004 resignations were an overreaction to criticism of the BBC in a public inquiry report, and you might disagree with the criticism. en.wikipedia.org/wiki/Hutton_... But they were not resignations "for being insufficiently rightwing".
Once every 20 years or so, the director-general of the BBC is forced to resign for being insufficiently rightwing. Alastair Milne in 1987. Greg Dyke in 2004. Tim Davie in 2025. The great irony is that the BBC was in all cases profoundly biased towards established power. But just not biased enough …
November 10, 2025 at 3:29 PM
You might think the 2004 resignations were an overreaction to criticism of the BBC in a public inquiry report, and you might disagree with the criticism. en.wikipedia.org/wiki/Hutton_... But they were not resignations "for being insufficiently rightwing".
Reposted by Carl Gardner
Lord Briggs, “Protecting Human Rights: The Common Law As Starting Point”
supremecourt.uk/uploads/spee...
It’s interesting to see Lord Briggs make these remarks in the current political climate. But, as ever, I have serious reservations about putting too much faith in ‘common law rights’…
supremecourt.uk/uploads/spee...
It’s interesting to see Lord Briggs make these remarks in the current political climate. But, as ever, I have serious reservations about putting too much faith in ‘common law rights’…
supremecourt.uk
November 10, 2025 at 12:20 PM
Lord Briggs, “Protecting Human Rights: The Common Law As Starting Point”
supremecourt.uk/uploads/spee...
It’s interesting to see Lord Briggs make these remarks in the current political climate. But, as ever, I have serious reservations about putting too much faith in ‘common law rights’…
supremecourt.uk/uploads/spee...
It’s interesting to see Lord Briggs make these remarks in the current political climate. But, as ever, I have serious reservations about putting too much faith in ‘common law rights’…
Reposted by Carl Gardner
Here's a law professor lamenting the fads in legal theory popular among law professors that become popular for a decade or two and then fade away— written in 1950. Specifically, it's Roscoe Pound, reflecting on trends since he became a lawyer in 1890.
jle.aals.org/cgi/viewcont...
jle.aals.org/cgi/viewcont...
November 9, 2025 at 5:43 AM
Here's a law professor lamenting the fads in legal theory popular among law professors that become popular for a decade or two and then fade away— written in 1950. Specifically, it's Roscoe Pound, reflecting on trends since he became a lawyer in 1890.
jle.aals.org/cgi/viewcont...
jle.aals.org/cgi/viewcont...
Die My Love was about an hour too long, exhausting, clichéd in parts and just boring really. Don’t let them persuade you it’s worth it because of JLaw’s performance. It isn’t.
November 9, 2025 at 11:12 PM
Die My Love was about an hour too long, exhausting, clichéd in parts and just boring really. Don’t let them persuade you it’s worth it because of JLaw’s performance. It isn’t.