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.
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.
Reposted by Carl Gardner
has this really taken 15 years? www.theguardian.com/uk-news/2025...
The Sun publisher agrees to pay Christopher Jefferies ‘substantial damages’
Rupert Murdoch’s News Group Newspapers apologises for invading privacy of man wrongly arrested for high-profile murder
www.theguardian.com
November 5, 2025 at 9:43 PM
has this really taken 15 years? www.theguardian.com/uk-news/2025...
I've had some good beer this week. I enjoyed Sambrook's autumnal red Tomahawk last night camra.org.uk/beers/sambro... and was impressed tonight with Hogsback's TEA, a very drinkable traditional bitter, and well named hogsback.co.uk/products/ton...
Tongham TEA - Fresh Draught Beer
Award-winning, draught Traditional English Ale beer, served fresh from the Brewery Shop cellar. Brewed with Surrey-grown Fuggles hops and name after our village. Local delivery or Click & Collect.
hogsback.co.uk
November 5, 2025 at 10:23 PM
I've had some good beer this week. I enjoyed Sambrook's autumnal red Tomahawk last night camra.org.uk/beers/sambro... and was impressed tonight with Hogsback's TEA, a very drinkable traditional bitter, and well named hogsback.co.uk/products/ton...
Reposted by Carl Gardner
This raises the age-old change-of-status drafting question: if the letters patent are the operative document shouldn't they declare that "Prince Andrew" is no longer entitled to hold and enjoy (etc.)?
“THE KING has been pleased by Letters Patent…dated 3 November 2025 to declare that Andrew Mountbatten Windsor shall no longer be entitled to hold and enjoy the style, title or attribute of ‘Royal Highness’ and the titular dignity of ‘Prince’.” www.thegazette.co.uk/notice/4992102
Crown Office
www.thegazette.co.uk
November 5, 2025 at 8:53 PM
This raises the age-old change-of-status drafting question: if the letters patent are the operative document shouldn't they declare that "Prince Andrew" is no longer entitled to hold and enjoy (etc.)?
Reposted by Carl Gardner
You don't half see some nonsense on here about the interaction of precedent and legislative interpretation.
October 31, 2025 at 6:54 PM
You don't half see some nonsense on here about the interaction of precedent and legislative interpretation.
Asked if China was an enemy within the meaning of OSA, it'd surely be reasonable not to answer. Isn't that either a plain question of fact for the jury, directed on the law by the judge; or else opinion evidence on the "ultimate issue" which can I think be given but is again really for the jury?
And from the DPP: committees.parliament.uk/publications...
October 24, 2025 at 3:58 PM
Asked if China was an enemy within the meaning of OSA, it'd surely be reasonable not to answer. Isn't that either a plain question of fact for the jury, directed on the law by the judge; or else opinion evidence on the "ultimate issue" which can I think be given but is again really for the jury?
I also expect Sales to be the next President. I think this suggests a continuation of the technical legal rigour, restraint and caution Lord Reed's presidency has brought to the court. Some see it as too conservative, and too deferential to government.
Sales is 63 and has already been on the court for nearly seven years. He'll be the next leader of the court.
His extra-judicial writing is always good (unlike some members of the court who produce bland stuff), showing a serious mind.
supremecourt.uk/news/lord-sa...
His extra-judicial writing is always good (unlike some members of the court who produce bland stuff), showing a serious mind.
supremecourt.uk/news/lord-sa...
Lord Sales appointed as the next Deputy President of the UK Supreme Court - UK Supreme Court
His Majesty The King has approved the appointment of the Right Hon Lord Sales as Deputy President of the Supreme Court. The King made the appointment on the advice of the Prime Minister and Lord Chanc...
supremecourt.uk
October 24, 2025 at 1:51 PM
I also expect Sales to be the next President. I think this suggests a continuation of the technical legal rigour, restraint and caution Lord Reed's presidency has brought to the court. Some see it as too conservative, and too deferential to government.
Reposted by Carl Gardner
I gave the City of London Law Society (CLLS) lecture this week. It was a great night and I am grateful for the invitation. This is what I said... With thanks to Colin Passmore, Julie Norris, Tony Charles, Stephen Kenny KC, and Patrick McCann , amongst many people who made it happen or made it good!
Is it time for an ethical reset?
This week I gave the annual City of London Law Society lecture in Gray's Inn. Chaired by Sir Peter Gross and followed by discussants, Stephen Kenny KC and Julie Norris of Kingsley Napley. The talk is a highly abridged version of the the first two of my Hamlyn Lectures (click through to read the full text of those). The question before us tonight is: Do we need an ethical reset?
lawyerwatch.wordpress.com
October 24, 2025 at 9:14 AM
I gave the City of London Law Society (CLLS) lecture this week. It was a great night and I am grateful for the invitation. This is what I said... With thanks to Colin Passmore, Julie Norris, Tony Charles, Stephen Kenny KC, and Patrick McCann , amongst many people who made it happen or made it good!
Is it mad to wonder if evidence about whether China's an "enemy" is expert opinion evidence, if it's admissible as providing "information .. likely to be outside a judge’s or a jury's knowledge and experience", and if and why government evidence was needed at all? www.cps.gov.uk/legal-guidan...
Expert Evidence | The Crown Prosecution Service
www.cps.gov.uk
October 24, 2025 at 1:39 PM
Is it mad to wonder if evidence about whether China's an "enemy" is expert opinion evidence, if it's admissible as providing "information .. likely to be outside a judge’s or a jury's knowledge and experience", and if and why government evidence was needed at all? www.cps.gov.uk/legal-guidan...
Reposted by Carl Gardner
Slightly later than expected, we're delighted to announce that @tweaty-twacker.bsky.social is back. It posts every time a treaty is laid before the UK Parliament under the procedure set out in the Constitutional Reform and Governance Act 2010.
October 24, 2025 at 11:33 AM
Slightly later than expected, we're delighted to announce that @tweaty-twacker.bsky.social is back. It posts every time a treaty is laid before the UK Parliament under the procedure set out in the Constitutional Reform and Governance Act 2010.
Reposted by Carl Gardner
In US and UK, long drawn-out judicial processes that often turn on painstaking examinations of evidence and elaborate rules of procedure are often called…
…’witch-hunts’.
Which really were the opposite, if you think about it.
…’witch-hunts’.
Which really were the opposite, if you think about it.
October 24, 2025 at 6:20 AM
In US and UK, long drawn-out judicial processes that often turn on painstaking examinations of evidence and elaborate rules of procedure are often called…
…’witch-hunts’.
Which really were the opposite, if you think about it.
…’witch-hunts’.
Which really were the opposite, if you think about it.
Reposted by Carl Gardner
Leaving aside how nakedly partisan it would look (and indeed, be) and how it would tie up a government that is already - charitably - struggling to get to grips with everything, is there any evidence a written constitution provides any kind of bulwark anyway? America says hi here
There is a case for a written constitution I suppose, though it's beyond me who would be trusted to write it and how you get broad consent for it. Though rewriting the rules because you don't like who the public might vote for isn't a great look. www.theguardian.com/commentisfre...
We must act now: without a written constitution, Reform UK will have carte blanche to toxify our nation | Goerge Monbiot
It means breaking with hundreds of years of tradition, but it can’t wait. As hard-right figures spread division and laud autocrats, a fail-safe is vital, says Guardian columnist George Monbiot
www.theguardian.com
October 23, 2025 at 8:14 AM
Leaving aside how nakedly partisan it would look (and indeed, be) and how it would tie up a government that is already - charitably - struggling to get to grips with everything, is there any evidence a written constitution provides any kind of bulwark anyway? America says hi here
Reposted by Carl Gardner
Mags have just released a defendant on bail with a condition that she maintain daily contact with her solicitor who is to report the client if she fails to maintain contact... I bet the solicitor - who isn't in court - appreciates that.
October 20, 2025 at 11:13 AM
Mags have just released a defendant on bail with a condition that she maintain daily contact with her solicitor who is to report the client if she fails to maintain contact... I bet the solicitor - who isn't in court - appreciates that.
Reposted by Carl Gardner
Popcorn time for anyone interested in deprivation of liberty
A summary of the parties' (and interveners') positions as the Supreme Court case reconsidering Cheshire West and Deprivation of Liberty is due to start later today.
By @clarkdaniel.bsky.social
openjusticecourtofprotection.org/2025/10/19/c...
By @clarkdaniel.bsky.social
openjusticecourtofprotection.org/2025/10/19/c...
Cheshire West returns to the Supreme Court: The position of the parties
By Daniel Clark, 19th October 2025 Note: On 20-22 October 2025, the UK Supreme Court will be asked to re-visit the question of how to understand a deprivation of liberty. This is the fifth in our s…
openjusticecourtofprotection.org
October 20, 2025 at 8:04 AM
Popcorn time for anyone interested in deprivation of liberty
Reposted by Carl Gardner
On the topic of "vigorously denying".
One of the first things a wise barrister teaches their pupil is to lay off the adverbs.
If an allegation isn't true, say you deny it, or just say it's untrue, and explain why. Vigour is not a substitute for evidence, and it makes you look a bit desperate.
One of the first things a wise barrister teaches their pupil is to lay off the adverbs.
If an allegation isn't true, say you deny it, or just say it's untrue, and explain why. Vigour is not a substitute for evidence, and it makes you look a bit desperate.
October 20, 2025 at 6:41 AM
On the topic of "vigorously denying".
One of the first things a wise barrister teaches their pupil is to lay off the adverbs.
If an allegation isn't true, say you deny it, or just say it's untrue, and explain why. Vigour is not a substitute for evidence, and it makes you look a bit desperate.
One of the first things a wise barrister teaches their pupil is to lay off the adverbs.
If an allegation isn't true, say you deny it, or just say it's untrue, and explain why. Vigour is not a substitute for evidence, and it makes you look a bit desperate.
But Thatcher had been in Heath’s cabinet, as Education Secretary.
October 18, 2025 at 12:14 PM
But Thatcher had been in Heath’s cabinet, as Education Secretary.
I can remember when everyone seemed to want the Attorney General completely out of individual criminal prosecutions. I bet this China thing makes some people decide he should be intervening in them.
October 18, 2025 at 12:02 PM
I can remember when everyone seemed to want the Attorney General completely out of individual criminal prosecutions. I bet this China thing makes some people decide he should be intervening in them.
Reposted by Carl Gardner
🧠 Why some people defend obvious falsehoods
New research finds that some endorse disproven claims as a show of “symbolic strength,” valuing independence over truth, and making fact-checks seem weak.
🔗 doi.org/10.64628/AAI...
#FakeNews #SciComm 🧪
New research finds that some endorse disproven claims as a show of “symbolic strength,” valuing independence over truth, and making fact-checks seem weak.
🔗 doi.org/10.64628/AAI...
#FakeNews #SciComm 🧪
Winning with misinformation: New research identifies link between endorsing easily disproven claims and prioritizing symbolic strength
Conversations around misinformation that assume everyone cares about literal truth may be missing the point.
doi.org
October 17, 2025 at 12:46 PM
🧠 Why some people defend obvious falsehoods
New research finds that some endorse disproven claims as a show of “symbolic strength,” valuing independence over truth, and making fact-checks seem weak.
🔗 doi.org/10.64628/AAI...
#FakeNews #SciComm 🧪
New research finds that some endorse disproven claims as a show of “symbolic strength,” valuing independence over truth, and making fact-checks seem weak.
🔗 doi.org/10.64628/AAI...
#FakeNews #SciComm 🧪
I don’t think it’s unhinged but a literary opinion of mine is that I don’t like author signed copies. It feels to me like the veneration of relics touched by saints. It runs counter to the whole print aesthetic and ethic of distributing many equally authentic original copies.
October 16, 2025 at 6:26 PM
I don’t think it’s unhinged but a literary opinion of mine is that I don’t like author signed copies. It feels to me like the veneration of relics touched by saints. It runs counter to the whole print aesthetic and ethic of distributing many equally authentic original copies.
Yes. In a sense the SDP, or Alliance, were like Reform, rising because the opposition failed to respond sensibly to an election drubbing. In another way they were very unlike Reform in that they ran "to the centre" of Labour rather than to (in some ways) the outside right of the Conservatives.
In view of some overexcited posts recently. In 1981 the newly formed SDP stood at over 50 per cent in the polls but they only won 23 seats in the following election
October 16, 2025 at 5:08 PM
Yes. In a sense the SDP, or Alliance, were like Reform, rising because the opposition failed to respond sensibly to an election drubbing. In another way they were very unlike Reform in that they ran "to the centre" of Labour rather than to (in some ways) the outside right of the Conservatives.
Reposted by Carl Gardner
MPs put tough new questions on China to director of public prosecutions:
committees.parliament.uk/publications...
committees.parliament.uk/publications...
committees.parliament.uk
October 16, 2025 at 4:13 PM
MPs put tough new questions on China to director of public prosecutions:
committees.parliament.uk/publications...
committees.parliament.uk/publications...