But in a judgment released on Friday Lord Justice Singh and Mr Justice Whipple said her understanding of the law was “misguided” and the guidance was incorrect.
“What on its face looks like a general policy which applies to everyone equally may in fact have an unequal impact on a minority.
“In other words, to treat everyone in the same way is not necessarily to treat them equally.
“Uniformity is not the same thing as equality,” they said.
Jews and Muslims have a 3 day policy – the body should be in the ground within three days of death.
A coroner who operated a “cab rank” system for burials has been told by the High Court to drop her policy and release the bodies of Jews and Muslims first.
Judges said the “equality protocol” policy introduced by Mary Hassell, the senior coroner for inner north London, was “discriminatory” and “incapable of rational justification”.
The protocol said that “no death will be prioritised in any way over any other because of the religion of the deceased or family, either by the coroner’s officers or coroners.”
This meant cases were assessed and bodies released for burial by the coroner’s office in order of when they were received, taking no account of any religious requirements.
Thus that’s discriminatory.
Seems an entirely reasonable decision on the basis of simple pragmatism. Why not accommodate such beliefs after all?
The more general statement that uniformity is not equality needs to be carefully circumscribed though, doesn’t it?
The book’s 400-odd pages of near-hysterical orotundity can roughly be broken down into the following sequence of propositions:
1) The democratic nation-state basically operates like a criminal cartel, forcing honest citizens to surrender large portions of their wealth to pay for stuff like roads and hospitals and schools.
2) The rise of the internet, and the advent of cryptocurrencies, will make it impossible for governments to intervene in private transactions and to tax incomes, thereby liberating individuals from the political protection racket of democracy.
3) The state will consequently become obsolete as a political entity.
4) Out of this wreckage will emerge a new global dispensation, in which a “cognitive elite” will rise to power and influence, as a class of sovereign individuals “commanding vastly greater resources” who will no longer be subject to the power of nation-states and will redesign governments to suit their ends.
Point 1 is roughly Olsen’s thesis. That the state is the system by which special interests plunder us all.
2 and 3 are really Marx. The state of technology determines social relations. Change the tech and you’ll change the relations.
4 is just a reversion to Olsen but with different people using a different form of state and or governance to plunder.
There’s not, to be honest, a great deal libertarian about this.
The gunman who allegedly killed at least 17 people at a Florida high school on Wednesday was a former student who posted disturbing material on social media and was “crazy about guns”.
Police identified the suspect as Nikolas Cruz, a 19-year-old who had been expelled from Marjory Stoneman Douglas High School in Parkland, about 45 miles (72 km) north of Miami.
The suspect was wearing a gas mask and carrying smoke grenades, Sen. Bill Nelson of Florida told CNN.
Any bright ideas on how to disarm a nation of 300 million guns? Even if all ignore that legal bit and the Second Amendment?
“Terrified” residents of a housing complex clad in similar flammable panels to Grenfell tower are facing a bill of £2m to make their homes safe after the building’s owner said it was not its responsibility to pay.
The freehold is owned by a company owned by the family trust of the multi-millionaire property mogul Vincent Tchenguiz, and its property agent has told residents that work recladding the Citiscape complex in Croydon will begin “once full funds are in place”.
The government told the agent to remove the cladding five months ago and Sajid Javid, the housing, communities and local government secretary, last month suggested the landlord was responsible for ensuring residents’ safety.
But freeholder Proxima GR Properties has insisted that it is not obliged to cover the costs of the work, warning leaseholders in the 93 apartments that the bill will increase if they delay payment.
Well, yes? And?
Isn’t that they way freeholds and leases work?
Staff at an exclusive private members’ club co-owned by the Tory donor Lord Ashcroft have been asked to take a cut in their basic pay in return for a share of the service charge, in a move that could leave low-paid workers vulnerable while reducing the company’s tax payments.
Workers at the Devonshire Club in London, where members pay £2,400 a year for access to a 68-room boutique hotel, brasserie and champagne bar, were asked last month if they would take a formal cut to the legal minimum wage.
They were promised that their total pay would be topped up to the current level using money from the service charges automatically added to customers’ bills and distributed via a system called a tronc.
The scheme would potentially cut the Devonshire Club’s tax bill as, unlike basic pay, national insurance payments are not levied on independently distributed tips.
Although staff will save on national insurance in the short term under the scheme, cutting their contributions will affect statutory protections such as redundancy pay, maternity or paternity pay, or the state pension. Money from a tronc also cannot be included in staff contracts, potentially leaving staff vulnerable to a pay cut.
If the amount must be paid – if it’s not a tip therefore, but it is a service charge – then NI is payable on the distribution.
If it really is a tip, not a service charge, then the management don’t get to decide upon the distribution, the money already belongs to the staff.
The basic set up just doesn’t work.
Those responsible for the horror of the Grenfell Tower fire must face trial
For most people it means putting those responsible for the horror in the dock in the Old Bailey, on trial for gross negligence manslaughter. Anything short of that will be a whitewash.
The thing is though David, who is it that is going to be in the dock?
The report also found that whether or not a person is sentenced to death has more to do with where the crime was committed than the crime itself. Seventy-four percent of the executions carried out in 2017 took place in just four states: Texas, Arkansas, Florida, and Alabama.
Not every state has the death penalty.
Lawyer Luke Holland murdered for being English by neo-Nazi Rolf Zilienski
Now if it had been an Englishman murdered for being a lawyer…..
After the couple had a son together through IVF at the clinic in 2008, a number of embryos were frozen and they signed agreements annually for these to remain in storage.
In October 2010, the mother handed IVF Hammersmith a ‘consent to thaw’ form, forged with ARB’s signature. On the basis of this document, an embryo was thawed and successfully implanted.
The father said his ex-partner’s dishonesty resulted in the birth of his daughter, an “unwanted child”.
“It’s a very, very difficult situation for me. A beautiful child, a child that everyone would want, a child that I love. But also a child that has brought us so much pain.”
He argued that the clinic should pay for the cost of her upbringing, including private school fees, holidays, refurbishing her bedroom and her wedding.
Isn’t it a basic of English law that having a healthy child simply cannot be a tort which leads to damages?
I dimly recall some case where a women went in for an abortion, they took out only one of two embryos, the second one was born and she could get no damages?
A woman in suburban Detroit has been sent to prison for seven days for failing to vaccinate her nine-year-old son.
Part of the agreement over the divorce was that the son would get vaccinated. She’s being sent to prison for breaching that, not because she didn’t vaccinate.
Judge Karen McDonald, presiding over the court on the outskirts of Detroit, found Ms Bredow, a mother of two, to be in contempt of court.
Corporations Have Rights. Why Not Rivers?
Corporations are legal persons so that we can sue them….
A 12-year-old girl who was pressured by an online paedophile into sending topless photos of herself has been told she could now face criminal charges.
Despite by groomed by the online predator, the schoolgirl is now facing a police investigation for sending an indecent image.
Perhaps we shouldn’t be continually inventing new strict liability offences?
Young black people are nine times more likely to be locked up in England and Wales than young white people, according to Ministry of Justice analysis.
The official exploratory study also shows that young black people are more likely to be identified with “gang concerns” and be considered a risk to others when being sentenced than any other ethnic group.
Is it because young black people are more likely to be in gangs or is it institutional wacism?
Charlie Gard’s parents have privately expressed their concern after discovering that the lawyer appointed to represent their 11-month-old son in court heads a charity that backs assisted dying.
Victoria Butler-Cole, who speaks on Charlie’s behalf in court, is chairman of Compassion in Dying, a sister organisation to Dignity in Dying which campaigns for a change in the law to make assisted dying legal in the UK. Dignity in Dying used to be called the Voluntary Euthanasia Society.
Nothing like knowing your lawyer truly believes in your case. Of course, if that were necessary then the truly guilty would never get a defence but still, unfortunate.
Quito: Julian Assange’s lawyer accused Britain on Thursday of breaking international law by denying the WikiLeaks founder safe passage out of the country if he leaves Ecuador’s embassy in London.
“Britain is… violating all the norms of international law, human rights and humanitarian law,” said Baltasar Garzon, a Spanish ex-judge who leads Assange’s defense team.
He’s wanted for breaching his bail terms. There is no right of free passage in such circumstances.
From memory Garzon was the magistrate who wanted Pinochet so he’s been inventive in legal theory for some time.
Labour has pledged to ban all zero-hours contracts,
Which is a bit of a bugger really.
Obviously, I can see the difference between CapX saying yes they want a piece from me today, or no, they’ve enough from other people so nothing today Tim, and someone getting or not getting a MaccyD shift that day.
But I can’t really see the difference in law.
Anyone? How can we still have freelance work on demand and no zero hours contracts?
Strict limits on the height of houses could be axed under the biggest overhaul of Britain’s planning laws for more than 70 years.
Sajid Javid, the Local Government Secretary, is examining plans to relax strict laws dating back to 1947 which ban new homes from being taller than surrounding properties.
Ministers are also reviewing rules which prevent neighbouring properties from being cast into shadows in a bid to solve the nation’s housing crisis.
“Lights” is common law isn’t it? So not something they can gaily legislate upon? Or rather something they’re going to have to be careful about?
Ukip leadership hopeful Suzanne Evans has suggested judges should face the prospect of being sacked by MPs in the wake of the Article 50 case in the High Court.
She warned about judges increasingly intervening in political decisions and suggested the judiciary should face being grilled by a Commons select committee with the power to recommend sacking them.
Really, just no. That she doesn’t even guess why this is a bad idea is what makes it so terrible.
The judiciary under political control? Jeebus.