A parked car belonging to an imprisoned man cannot be moved whilst he is in jail because he has a blue badge, a council has said.

The vehicle, which is said to belong to David Marks, has been reportedly sat outside Croydon Crown Court for months after Mr Marks parked there to attend his own hearing.

Local residents have now raised questions over the car, asking why it has been allowed to take up the disabled bay for so long, despite no one using it.

But the council has confirmed it has no intentions of moving the vehicle as it parked there legally.

The Smart car has been sitting outside the court since Mr Marks, from Bromley, was jailed earlier this year.

He reportedly drove the car to court where he was sentenced for racially or religiously aggravated harassment. After being found guilty of one count and pleading guilty to a second he was jailed for 12 months on April 13.

How lovely.

And no, we don’t have exceptions. It’s legal, on your way then matey. That he’s in jail, on holiday, simply wants to leave his car where it’s legally parked? It’s legally parked and there’s an end to it.

Have a drink Nick

If I were to describe secretive organisations that make millions from mafia states, you would imagine – what? Mercenaries? Conspiracies with Blofeld at their head? Nothing so thrilling, I’m afraid. Picture instead respectable lawyers of high status and higher income, whose love of money is now, in the words of the Commons foreign affairs committee, a matter of “national security”. Others should judge whether they were so “entwined in the corruption of the Kremlin and its supporters that they are no longer able to meet the standards expected of a UK regulated law firm”.

The lawyers who worried MPs worked at the “magic circle” London firm Linklaters, whose 40 highest-paid partners received £1.57m on average last year. Linklaters decided that the attempted murder of the Skripals, Russia’s shooting down of the MH17, its complicity in crimes against humanity in Syria, the annexation of Crimea, the invasion of Ukraine, support for the far right, the interference in democratic elections in the west and the suppression of democracy at home in no way obliged it to answer questions about its dealings with Moscow. It had nothing to say about its role in floating a Russian company last year.

The argument seems to be that bad guys shouldn’t be allowed to have lawyers.

I’m really pretty sure that’s not the way we want the system to work actually.

Good point Rod, good point

The English Defence League founder, Tommy Robinson, turned up in Leeds on Friday to film people going into the trial of several Asian men accused of “grooming” white girls. He did not speak, chant, accost anyone or do anything but point his phone at attendees from a distance. Still, several coppers bundled him into a police van, accusing him of a breach of the peace.

I’m not remotely a fan of the unpleasant Robinson. But wouldn’t it have been lovely if West Yorkshire police had acted with as much rigour and alacrity when, in an earlier case, they were told of the horrific sexual assaults taking place on their patch?

This is a new one

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?

Methinks Rees Mogg pere read some Mancur Olsen

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.

Something must be done!

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.

OK, what?

Any bright ideas on how to disarm a nation of 300 million guns? Even if all ignore that legal bit and the Second Amendment?

Well, yes, isn’t this how it works?

“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?

This is hugely, hugely, amusing

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.

I quite agree with David Lammy

Those responsible for the horror of the Grenfell Tower fire must face trial
David Lammy

Well, yes.

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?

Well, yes, obviously

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.

Don’t think this works, does it?

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.
‘Unwanted child’
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?

Well, no, not quite

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.

This is what strict liability offences do

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?

Be interesting to see the explanation for this

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?

This is somewhat unfortunate

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.

Erm, in London presumably

Last week Bruno Le Maire, the French finance minister, announced that France would set up a special English-language court to handle English-law cases for financial contracts after Britain leaves the European Union.

Most loan and derivative contracts in Europe are written in English law, but Britain’s exit from the European Union raises problems about how they would be enforced outside of Britain.

Just like happens now?

Don’t think this works really, does it?

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 pledges to outlaw freelancing

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?