Whoever is masterminding the govts’ litigation strategy in the GLP’s latest challenge is a bit of a moron. They decided as a semi-legitimate tactic to budget for £2,000,000 in legal fees to defend the claim. If this were some tedious commercial dispute between a wealthy ..
.. company & a weak one, this wouldn’t be a bad idea. I’ve seen it. The idea is simply to deter the other party from continuing by maximising their risk exposure.

The strategy here is stupid because:

• the money being played with is OUR money & we weren’t asked if ..
.. we minded.
• it depended on @GoodLawProject being deterred & misjudged their courage
• the sum was too ridiculously inflated (£500,000 would have been a more defensible number)
• the court’s, admittedly little used, power to cap costs was not taken into account.

..
.. The tactical incompetence was in evidence today. I think Jo Maugham said yesterday the govt. was planning to show up with something like 8 solicitors & 4 barristers (1 barrister alone would be fine).

The foolish idea was to convey to the judge by sheer numbers the extreme ..
.. complexity of the proceedings whereas, High Court judges being mostly very smart cookies indeed, s/he is likely only to have wondered why the govt. was represented in court by 12 people mostly doing nothing.

So this idiot ..
.. whoever it is, & I hope s/he gets to read this, achieved only a humiliating & embarrassing reverse today which will hobble the govt. in the further course of the case.

Thing is, this is a bit of a scandal too, one which the press might take the trouble to notice & ..
.. understand. What the govt. was trying to do was reprehensible & improper. Stupid too, of course, but scandalous.

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More from @CliveWismayer

23 Feb
From Alec Salmond’s submission to the Scottish Parliamentary Enquiry, before the Crown Office manages to get it ‘unpublished’. Please RT beyond the ability of anyone to do anything about it:

‘[I ...] am very clear in my position that the evidence supports a deliberate, ..
.. prolonged, malicious and concerted effort amongst a range of individuals within the Scottish Government and the SNP to damage my reputation, even to the extent of having me imprisoned. That includes, for the avoidance of doubt, Peter Murrell (Chief Executive), ..
.. Ian McCann (Compliance officer) and Sue Ruddick (Chief Operating Officer) of the SNP together with Liz Lloyd, the First Minister’s Chief of Staff. There are others who, for legal reasons, I am not allowed to name.’

Among those he can’t name is, I believe, St Nicola ...
Read 4 tweets
9 Feb
I’m treating my galloping insomnia by abolishing the following sports:

• netball - dainty basketball
• basketball - terrible visuals & acoustics
• swimming - see basketball
• hockey - in it’s modern form, deadly boring, too many fouls
• ice hockey - see basketball
..
..
• water polo - nothing but fouls (mind you, Dad used to play)
• polo - self-explanatory
• dressage - too ridiculous for words
• archery - doesn’t televise
• fencing - same
• that one where you ski a bit & then break off to shoot something - illogical
• curling - FFS
..
..
• bowls - can be played but not watched
• rugby league - boring
• ice dance - we don’t have Torville & Dean anymore lol
• pigeon fancying - cruel
• cycling around entire countries - excessive & unnecessary
• triathlon - see cycling
• the middle 2 hours of the marathon
Read 5 tweets
3 Feb
Was Navalny justly convicted of embezzlement in 2013 or was it a stitch up? The ECHR adjudicated in 2016 & you can read the densely written judgment here:

hudoc.echr.coe.int/eng#{"appno":["46632/13"],"itemid":["001-161060"]}

It’s a murky business to be sure. It has ..
.. the hallmarks of a stitch up by someone of whom Navalny was being publicly critical at the time. The proceedings which ultimately resulted in the suspended sentence were ruled unfair & Navalny was awarded compensation.

For reasons unclear, Russia was not directed to ..
.. produce an action plan to, for example, quash the conviction, so, though unfairly obtained, it remained in effect & has just now been activated.

I am not a Navalny fan &, for balance if nothing else, tend to take Putin’s & Russia’s side in most things but this ..
Read 4 tweets
1 Feb
Another reason for wanting defendants to be properly represented is to ensure that, if convicted, it is not open to them to claim unfairness on this ground. We used to have a great system but not anymore. Criminal lawyers are badly underpaid & legal aid is often not ..
.. available. It can even happen that an individual is prosecuted & acquitted but does not have their costs reimbursed.

In Scotland (different jurisdiction but the injustice is the same) right now, Craig Murray is being prosecuted for contempt of court with imprisonment ..
.. a likely outcome if he is convicted. Yet, he has no legal aid. The crown has mired him in expensive interim applications all the way to trial, essentially using public money to outspend him & drain his crowd-sourced funding.

The same happened, I believe, to the Tory MP ..
Read 4 tweets
30 Jan
If revenge played any part in the EU’s article 16 move, it would be understandable, wouldn’t it? They have had to put up with the IMB, the puerile slighting of their emissary & more or less constant abuse from British media & right wing politicians. I can imagine the urge to .. Image
.. pounce at the first opportunity but this gambit seems to have misfired. Pity, because the UK needs a harsh lesson.

I don’t doubt that as time go by there will be better opportunities for the EU to show its power. It probably doesn’t even need to try, as a hippo ..
.. gets its way in most things just by sloshing about & being big.

Meanwhile, there is probably nothing that can be done about the British insistence on framing everything in hostile & bellicose terms, so the EU must get used to it, as a carer with a difficult child must. Too ..
Read 4 tweets
26 Jan
OK I’m taking this apart since no one else will.

1 The living wage

The living wage is not law. No one is obliged to pay it & only about 7,000 employers in the UK do so. Thus there is ‘no requirement’ in the UK just as there is none in the EU.

Contrast the minimum wage ..
.. which, subject to exceptions IS mandatory in those countries which have one.

Setting minimum wages is not an EU competence. Each (sovereign) member state decides whether to have one & how much it should be. This, it is misleading to have an EU column in the graphic ..
.. anyway.

FWIW, France & Germany’s min. wage is about the same as ours. Ireland, The Netherlands & Luxembourg have significantly higher minimum wages. Source:

en.wikipedia.org/wiki/List_of_E…
Read 12 tweets

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