Category Archives: UK

St. Jude’s Day Storm/Orkantief “Christian”

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It’s strange coming back a day after the storm that hit the UK and hearing on the German news how the same storm is described here.

In the UK the reference to wind speeds seemed more common, but on German TV I heard about 12 on the Beaufort scale. In the UK the storm, originally ‘probably the worst storm since the 1987 storm’, became ‘the St. Jude’s Day storm’, whereas in Germany it was ‘Orkantief Christian’.

The Daily Telegraph remarks that in the UK we don’t name storms:

Laura Young of the Met Office said it wasn’t them. “We don’t actually know where it has come from,” she said. “We don’t name storms in the UK. It could have been Americans who named it and it was reported. Or it could be someone here saw that it was St Jude’s day and decided to name it that.” Traditionally, our storms only merit a name once we have seen the damage they have caused, not before.

LATER NOTE: I forgot the most important thing: the German reports kept showing people whose houses and cars had been damaged by falling trees and saying whether they were insured and exactly how many thousand euros’ damage had been caused. In fact, practically every report on a road traffic accident in Germany is accompanied by an immediate and precise account of the financial loss. How do they know that? I’ve never heard it in the UK.

Lord Justice Leveson

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The Leveson Report, the result of the Leveson enquiry on press law, has been published today. The Guardian summarizes:

Leveson said that his proposed new law would enshrine “for the first time” a “legal duty on the government to protect the freedom of the press”. It would also allow the new body to set up a low-cost libel and privacy tribunal to handle complaints instead of the courts – and provide “benefits in law” to those who signed up. Those who do not sign up would be denied the ability to reclaim the often substantial costs of litigation – even if they win – from complainants bringing libel, privacy or other media related actions.

The question now is: why do so many people who should know better think that Lord Justice Leveson is a lord?

A Lord Justice is a judge in the Court of Appeal.
Judges in the House of Lords were Lords. Now the court is the Supreme Court.

Thus Dame Anne Judith Rafferty is a Lord Justice of Appeal (plural apparently Lord Justices).

IEL 9: The term “Common law”/Der Begriff “Common Law”

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The meaning of the term “common law”

This term has at least four different meanings.

1. (in contrast to local law) The law common to the whole of England after 1066, as opposed to local law (which had existed before 1066 and continued to exist to some extent after 1066). This was the original meaning of the term. This common law was the law made in the King’s (or Queen’s) courts. E.g.

The common law was developed gradually over a period of time, beginning in 1066. Eventually it became a rigid system and ceased to develop to any great extent.

The term is only used in connection with legal history.

2. (in contrast to legislation) Law made by the decisions of judges, as opposed to legislation (statutes), which is law made by Parliament. This meaning arose because the law of England was often made by judges. Another expression with a similar meaning is “case law”: much of English law is case law. E.g.

Murder is a common-law offence ( = its definition is contained in an old report of a legal case where the judge defined the offence of murder in the course of giving his opinion). Theft, on the other hand, is a statutory offence (its definition is laid down in a statute, the Theft Act 1978).

3. (in contrast to equity) The law developed by the old common law courts, mainly between the 12th and 14th centuries, as opposed to equity, a separate legal system which grew up later, and was developed first by the Chancellor and later by the Court of Chancery). E.g.

The common law became so rigid that people used to apply to the Chancellor for a remedy. As a result, equity was developed. However, equity eventually became just as rigid as the common law (or: just as rigid as the law).

At law trusts were not recognized, but in equity they were.

Legal remedies, equitable remedies

4. (in contrast to other legal systems) The law of England and Wales and all other legal systems based on it. E.g.

The USA, England and Australia are all common-law countries

Note also the expression “a common-law wife” ( = the woman a man is living with, without being married). This term is used in England without any legal significance, but in some US states and in Scotland there is a form of legally recognized common law marriage (cohabitation with habit and repute).

Cat woman fined/Geldstrafe für Katzenmisshandlung

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No doubt all readers saw the video of Mary Bale stroking a cat and then dumping it in a wheelie bin, whence it was reclaimed 15 hours later. Just in case not, here’s a short video with English soundtrack and German subtitles (from the Swiss 20 Minuten news programme).

Yesterday Mary Bale was fined (Independent report).

A woman who was caught on CCTV dumping a cat in a wheelie bin was fined £250 today after pleading guilty to causing unnecessary suffering to the animal. …

Bale, who appeared close to tears, was fined £250 plus £15 victim surcharge and costs of £1,171.4p.

She was also banned from keeping or owning animals for the next five years.

District judge Caroline Goulborn told Bale the potential of the offence to have caused harm to the cat was substantial, but in reality it had not been hurt.

Just a bit on the legal details: A district judge is what used to be called a stipendiary magistrate. Most magistrates’ courts, which deal among other things with petty crime, have a bench of three lay magistrates, but in big towns there are court with just one stipendiary magistrate – now called a district judge – who is legally qualified and so doesn’t need legal advice from a clerk nor to withdraw and deliberate as a bench of magistrates do.

In England and Wales, prosecutions are made not only by the Crown Prosecution Service, but by other bodies and even individuals. If the CPS had prosecuted, the costs would have been about £1,100 less. This prosecution was by the RSPCA, and according to the Magistrate’s blog, Cash in the Kitty, the RSPCA just claimed all the costs it could think of.