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Adam Wagner Profile picture
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10 Jan, 7 tweets, 3 min read
This looks unlikely to be legal for attendees. Being outside the home was illegal at the time unless (the only potentially relevant exception) it was for the need to work. “Socially distanced drinks” / “BYOB” don’t sound like work.
This is more detail on the legal aspects. Sounds like a big party not work. Extraordinary really and so brazen. The PM wouldn’t be breaking that law as he was in his own garden but perhaps could be an accessory to everyone else’s breach of regulations
It’s called “drinks”! Honestly, what did they think they were doing? Why did the PM attend and obviously problematic event?
Also as far as I am aware civil servants are not permitted to drink whilst working so the focus on drinks seems to negate any reasonable excuse.
This is from the government guidance at the time

"Businesses should also take reasonable steps to avoid people being gathered together"

That email is an invitation for people to gather together, not working, and drinking alcohol
web.archive.org/web/2020051510…
Also from the guidance at the time

"where the gathering is essential for work purposes – but workers should try to minimise all meetings and other gatherings in the workplace"

(this is for gatherings in public places)
web.archive.org/web/2020051505…
Some people who received the email (some of whom will have been directly responsible for setting the rules themselves!) were understandably uncomfortable with this invitation which appears to be from a parallel non-Covid universe

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More from @AdamWagner1

Adam Wagner Profile picture
12 Jan
The Johnson apology was carefully worded and obviously lawyered. He said that he attended because he "believed implicitly that this was a work event", that "with hindsight" he should have sent everyone back inside, and "technically" it could be said to fall within the guidance.
The apology - when read carefully - was to the millions of people who "wouldn’t see it in that way", but because he also said technically it could be said to fall within the guidance he is implicitly saying the millions of people are wrong in their interpretation.
This was only what *he* thought the event was. He "went into the garden to thank groups of staff for 25 minutes [he] believed implicitly this was a work event". So defence is a personal one only and leaves open the possibility the event was something else without him realising
Read 11 tweets
Adam Wagner Profile picture
8 Jan
This sounds very concerning. On 20 May 2020 the UK was still in lockdown. As the article says, the "bring your own bottle" request, as well as officials replying it was a bad idea, suggests it wasn't necessary for work.
"long tables laden with drink, crisps, sausage roles..."
The law at the time was "no person may leave or be outside of the place where they are living without reasonable excuse". This included "the need to work". However, if an activity was not necessary for work that wouldn't be a reasonable excuse to be out.
legislation.gov.uk/uksi/2020/350/…
This is I assumed the gathering referred to in @Dominic2306's recent blog, which I assume prompted the ST investigation
Read 16 tweets
Adam Wagner Profile picture
7 Jan
I will let others explain the exact procedure but there is a basic issue which will be becoming clear to ministers - a jury verdict sets no precedent, so the law is as it was, but a Court of Appeal decision would set an important precedent, which may not be the one the govt wants
Throughout yesterday people including government ministers were talking as if the Colston verdict set a precedent, which in legal terms is wrong. The irony of wanting to "do something" about it is that the "something" may cause an actual precedent to be set
One other point: on maybe the most important point in the case, whether "lawful excuse" element of the offence can include reference to the human rights concept of proportionality, this will ultimately be decided regardless of the Colston case as there will be other cases...
Read 7 tweets
Adam Wagner Profile picture
6 Jan
It is being widely assumed (by critics) that the jury in Bristol acquitted inspite of the very clear law. We don't know why the jury acquitted but my understanding of the defences considered by the jury is it is entirely possible they acquitted because defendants had a defence Image
(source doughtystreet.co.uk/news/edward-co…)
Which means this wasn't necessarily a jury just deciding that they didn't fancy applying the law, but rather a jury applying the law on the basis of the evidence they (and nobody else not in the court room) heard. The opposite of perverse.
Read 4 tweets
Adam Wagner Profile picture
6 Jan
Re the story at the top, I was asked for a comment on this and said that I didn't think it was unreasonable for the BBC to ask for the names of potential claimants (which it offered to keep confidential) when responding to a pre-action letter. 1/2 thejc.com/news/news/outr…
It's normal in my experience for a potential party to litigation to expect to know who is potentially suing them.

My thoughts on the overall story is that the BBC need to account for what sound like serious mistakes in their coverage 2/2
My comment hasn't been published - I guess because it didn't fit with the narrative they wanted, which seems a bit unfair to the BBC (not least because we are talking here about questions of propriety) 3/3
Read 4 tweets
Adam Wagner Profile picture
6 Jan
One thing about the #Colston4 acquittal the government should see as a warning: criminalising protest you don’t approve of (as is happening through the #PolicingBill) will have the opposite effect you want: politicisation of the courts and juries and more unlikely acquittals
The #Colston4 case was criminal damage so the acquittal was unusual. If the govt criminalises *peaceful* protest as planned, there will be many more arguments of this type, based on the protest being justified and the prosecution unjustified. And the public will sympathise.
In other words, be careful if you wish for peaceful protest to become a criminal issue because the public may not oblige your illiberal intentions.
Read 4 tweets

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