(Forgot to post this recently)

The Oxford English Dictionary (the big one, on CD-ROM) says this:

[The name of the litigants in the case of McKenzie v. McKenzie, in which the English Court of Appeal ruled that any party in a trial is entitled to non-professional assistance in court.]
A person who attends a trial as a non-professional helper or adviser to a litigant without other legal representation. Also attrib. in McKenzie friend, man, etc.
[1970 All Eng. Law Rep. III. 1034 McKenzie v McKenzie+. Any person, whether he be a professional man or not, may attend a trial as a friend of either party, may take notes, and may quietly make suggestions and give advice to that party.] 1973 Civil Liberty July 4/1 Unable to afford lawyer’s fees Miss Fogarty enlisted the services of a McKenzie. 1974 Observer 15 Sept. 22/3 A defendant may have a friend beside him+to give moral support, take notes, and generally give a helping hand. Known as McKenzie men+, these helpers can be either lay or legally qualified people. 1979 Internat. Jrnl. Sociol. of Law Feb. 115 The Centre should adopt a more aggressive role by developing the legal competence of clients+by encouraging the use of MacKenzie men, and by demystifying the law. 1982 J. Pritchard Penguin Guide to Law lix. 871 Every DIY litigant should+exercise his right to have a McKenzie man. 1990 Daily Tel. 24 July 2/5 Mr Dave Nellist, MP for Coventry, said he intended to appear before Coventry magistrates as a ‘McKenzie friend’.

(Forgot to post this recently)

The Oxford English Dictionary (the big one, on CD-ROM) says this:

bq. [The name of the litigants in the case of McKenzie v. McKenzie, in which the English Court of Appeal ruled that any party in a trial is entitled to non-professional assistance in court.]
A person who attends a trial as a non-professional helper or adviser to a litigant without other legal representation. Also attrib. in McKenzie friend, man, etc.
[1970 All Eng. Law Rep. III. 1034 McKenzie v McKenzie+. Any person, whether he be a professional man or not, may attend a trial as a friend of either party, may take notes, and may quietly make suggestions and give advice to that party.] 1973 Civil Liberty July 4/1 Unable to afford lawyer’s fees Miss Fogarty enlisted the services of a McKenzie. 1974 Observer 15 Sept. 22/3 A defendant may have a friend beside him+to give moral support, take notes, and generally give a helping hand. Known as McKenzie men+, these helpers can be either lay or legally qualified people. 1979 Internat. Jrnl. Sociol. of Law Feb. 115 The Centre should adopt a more aggressive role by developing the legal competence of clients+by encouraging the use of MacKenzie men, and by demystifying the law. 1982 J. Pritchard Penguin Guide to Law lix. 871 Every DIY litigant should+exercise his right to have a McKenzie man. 1990 Daily Tel. 24 July 2/5 Mr Dave Nellist, MP for Coventry, said he intended to appear before Coventry magistrates as a ‘McKenzie friend’.

Here in Germany there are Whitsun holidays. In Britain, there was a Late Spring Bank Holiday last week. For those who need reminding of the feast day, a very rapid animation of the events of Whitsun for Methodist youth (I was researching how to translate ‘das Pfingstgeschehen’ last week). I’m not sure if these pictures clarify anything.

On 25 February 2003, the House of Lords were discussing amendments to the Crime (International Cooperation) Bill. I happened on this by chance and it reminded me that I ought to spend more time searching Hansard for information on the drafting of statutes. Continue reading →

On 25 February 2003, the House of Lords were discussing amendments to the Crime (International Cooperation) Bill. I happened on this by chance and it reminded me that I ought to spend more time searching Hansard for information on the drafting of statutes. Continue reading →

In the last entry I quoted Lister/Veth’s entry on fortgesetzte Handlung:

continuous act /offence (UK) / offense (US); several acts or offences of the same nature viewed as a single act by the law

Adrian made a number of comments: that the term is in Köbler’s equally cheap dictionary; that (in Lister/Veth, I think he meant) it is given only as a criminal-law term and not in the form Fortsetzungshandlung; that a colleague was slammed by an Austrian-German law firm in London many years ago for using continuous offence, and that one possible translation would use the term nexus – I’ll quote the comment:

Eng. criminal law – or rather the Indictment Rules – talk of ‘(sequential) nexus of (serially) related offences’ for joint as opposed to separate or several indictment.
Name-dropping again, I would mention Sir Ivan Lawrence QC who developed the ‘nexus’ theory in the notorious 1960’s Kray Twins’ murder trial.

This raises a large number of points. In fact, I doubt I will ever achieve the brevity that is so often advised for weblogs. Continue reading →