Monday, July 30, 2007

Values - "obligation to work for freedom and justice around the world".

This came as a pleasant surprise:

Shared Values by Gordon Brown and George Bush

Wow Brown!

Let's hope some of this comes my way too when Gordon Brown gets home. Liked Winston Churchill's quote too. It's long overdue.

Monday, July 16, 2007

Justice - Quotes

"Justice should not only be done, but should manifestly and undoubtedly be seen to be done"

[Gordon, 1st Baron Of Bury Hewart (1870-1943), British judge. Quoted in King's Bench Reports, vol. 1 (1924). ruling on the quashing of a conviction on technical grounds, Nov. 9, 1923, in Rex v. Sussex Justices]

"Every thing secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity"

[John Emerich Edward Dalberg, 1st Baron Acton (1834-1902), British historian. letter, Jan. 23, 1861. Lord Acton and his Circle, letter 74, ed. Abbot Gasquet (1906)]

"Then not only custom, but also nature affirms that to do is more disgraceful than to suffer injustice, and that justice is equality"

[Plato (c. 427-347 B.C.), Greek philosopher. Gorgias, 489 A]

"For there is no defense for a man who, in the excess of his wealth, has kicked the great altar of Justice out of sight"

[Aeschylus (525-456 B.C.), Greek tragedian. Agamemnon, l. 381]

"Man's capacity for justice makes democracy possible, but man's inclination to injustice makes democracy necessary"

[Reinhold Niebuhr (1892-1971), U.S. theologian, historian. The Children of Light and the Children of Darkness, foreword (1944)]

Saturday, July 14, 2007

Martin Luther King

"INJUSTICE anywhere is a threat to justice Everywhere"

World Development Movement - Justice for the world's poor

Friday, July 13, 2007

Professor Richard Susskind OBE and Kangaroo courts

click here: Wikepedia - Kangaroo Court


















I have been through two litigations:

Lesley McDade v Masons

See below "Mismanagement and Judicial Corruption". Professor Richard Susskind failed to deliver up 40 man hours of investigation material because it related to a "Kangaroo Court" which was the precursor to the litigation which eventually ended up in the House of Lords.

Lesley McDade v S J Berwin & Co, Julian Critchlow, Ian Insley, David Harrell, Nicholas Carnell & Keith Wood

This case took 9 months to return a judgment. Of the very few documents Respondents actually delivered up to the court in a sex discrimination case (because they refused to provide male comparator data or even recognise the male comparator), the performance figures established sex discrimination as definite. (Noticeably, I get paid the most to do the least*). When one of your bosses, Julian Critchlow, has no clients and the other, Nicholas Carnell, cannot win his litigations there is a reason why performance figures are low especially when manipulation of work load, Elie Zekaria, was occurring to enable others to have high performance figures. S J Berwin somehow think a reference in Chambers Directory that Julian Critchlow was a "leading individual" and "thorough" is acceptable when he had no clients. Unfortunately, I did not find it acceptable, hence my second litigation. "The 'shit' case". Yes, there is a litigation about the word "shit". click here: Performance figures of paralegals in the Construction Department of S J Berwin & Co*

* These figures may not be accurate. I hold a document which shows my profit costs for 1997 were £146k and 109% with a charge out rate of £120 per hour. Noticeably no females get articles in this department! My LLB degree is 2:2 Honours

Principles of the English & Welsh legal system

TRADITIONAL PRINCIPLES v CONTEMPORARY PRINCIPLES (via Woolf Reforms)

Equality

Condition of being equal between two or more

Fairness

In a fair manner; fight according to the rules; exactly; completely

Impartiality

Not partial; unprejudiced; fair

Justice

Just conduct; fairness; exercise of authority in maintenance of right; due allocation of reward of virtue and punishment of vice

CONTEMPORARY

Equality

99:1; 80:20; [50:50]; 40:60;1:99 when parties settle a dispute using Alternative Dispute Resolution (ADR)*

Economy

Administration or condition of concerns and resources of a community; careful use of resources; frugality; organised system

Proportionality

Comparative part, share; correct relation of one thing to another or between parts of a thing; dimensions, size; equality of ratios between two pairs of quantities

Expedition

Warlike enterprise; journey, voyage for definite purpose; promptness, speed

* Defined term of art "contemporary equality" by Lesley McDade to distinguish between equality provided by a judge

Thursday, July 12, 2007

Criminal law in a nutshell

+ Mens Rea (Guilty mind) + Actus Reus (Guilty act) + Offence = FULL CRIME

OR

- Mens Rea + Actus Reus + Offence = STRICT LIABILITY, ie reckless driving

OR

+ Mens Rea - Actus Reus + Offence = INCHOATE OFFENCE, ie attempt (one mind) and conspiracy (two or more minds)

Thursday, July 05, 2007

Equality and Non-Discrimination - The Legislation

Equal Pay Act 1970, 1975, Amendment 1984
Rehabilitation of Offenders Act 1974
Sex Discrimination Act 1975 Amendment 1982
Race Relations Act 1976 Amendment 2000. Amendment Regulations 2003
Employment Act 1989
Disability Living Allowance and Disability Working Allowance 1991
Management of Health and Safety at Work Regulations 1992
Asylum and Immigration Appeals Act 1993
Race Relations Remedies Act 1994
Disability Discrimination Act 1995 Amendment in force from October 2004
Employment Rights Act 1996
Asylum and Immigration Act 1996
Protection from Harassment Act 1997
Human Rights Act 1998
National Minimum Wage 1998
Employment Relations Act 1999
Immigration and Asylum Act 1999
Sex Discrimination (Gender Reassignment) Regulations 1999
Disability Rights Commission Act 2000
Special Educational Needs and Disability Act 2001
The Gender Recognition Act 2004
Mental Capacity Act 2005

Statutory instruments:
Working Time Regulations 1998
Maternity and Parental Leave Regulations 1999
Part Time Workers 2000
Regulations on Fixed term Workers 2001
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
The Employment Equality (Age) Regulations 2006