Appealing a Court of Protection Judgment

Over at the Open Justice Court of Protection Project, I have written a long explainer about appeals in the Court of Protection.


Any contested hearing in the Court of Protection will leave at least one party disappointed by the outcome.

Often, the disappointed party (whether that is a family member, a public body, or the protected person themselves) will accept the judge’s decision and work within the terms of the order that has been made.

On other occasions, the disappointed party may consider that the judge has made a mistake which may be corrected on appeal.

This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an appeal and some common reasons and (3) some alternatives to an appeal.

Visit the Open Justice Court of Protection Project blog to read the whole thing.

Libel Justice for Nowy Czas

Nowy Czas is a newspaper that serves the Polish community of London. It is edited by Grzegorz and Teresa Malkiewicz.

Back in 2015 they published an article about a businessman. They discussed his historic business dealings and bankruptcy, and expressed concern at his involvement with two charitable organisations: The POSK cultural centre in Hammersmith, and the Kolbe House Care home in Ealing.

The gentleman in question sued the newspaper for libel, and the case was heard in 2017. Nowy Czas successfully defended the article, using the defences of ‘substantial truth’ (Defamation Act 2013, section 2) and ‘public interest’ (section 4).

Continue reading “Libel Justice for Nowy Czas”

Religious Freedom, Free Speech and Employment Rights: the case of Seyi Omooba

Seyi Omooba

Remember the Seyi Omooba controversy? Back in March 2019, she was cast as the lead in the Curve Theatre’s production of The Color Purple. Soon after this was announced, a Facebook post from 2014 emerged in which Omooba said that she believed homosexuality was a sin. Many people complained that someone with such beliefs would be cast to play an LGBT character such as Celie (who, after suffering abuse, falls in love with another woman).

Such was the furore that the theatre recast the role, and Ms Omooba was dropped by her agents. She took them both to an Employment Tribunal, claiming discrimination based on her religious beliefs. I wrote about the case at the time, asking whether homophobic views should receive any kind of special protection when veiled by religious belief. I also wondered why a five-year-old Facebook post had been ‘dredged up’ and whether Ms Omooba had ‘kept her views to herself’ or been sufficiently evangelical that it was appropriate that they affected her employment prospects.

Whenever there is a free speech controversy, many people like to parrot a common refrain: “Free speech does not mean freedom from consequences.”

This is true, but it’s also incomplete. Free speech does (or should) mean freedom from some consequences. For example, it can never be appropriate to murder cartoonists because of offensive drawings, or to issue a fatwa in response to a magical-realist novel that insults a particular religion.

Most free speech controversies that splatter themselves over the tabloids and Twitter timelines are really an argument about what consequences are appropriate for the perceived transgression.

Most people agree that the most extreme punishments are rarely, if ever, appropriate. No one should ever be subject to violence because of what they say or believe, and criminalising someone for what they have said should be limited to those who actively incite violence.

Continue reading “Religious Freedom, Free Speech and Employment Rights: the case of Seyi Omooba”

Journalists Under Attack

I’m incredibly busy with a couple of major things at the moment made more difficult by the lockdown.

(No, not A Thousand And One Recaps — that’s ticking along just fine).

As a result of my distractions, have not had time to post about the appalling UK coronavirus death rate, the preposterous lockdown sabotage by Dominic Cummings, the horrific murder of George Floyd in Minneapolis, or the atrocious glorification of violence by Donald Trump that has finally caused Twitter to place warnings next to his Tweets.

My silence on all these issues is not to be taken as due to a lack of opinion, or sufficient emotion about each of them. I just don’t have time.

Continue reading “Journalists Under Attack”

Clearly, What This Controversy Needs Is Another White Person’s Thoughts On Racism, And I Am Happy To Oblige

Over on Twitter, the Daily Telegraph columnist Dan Hodges asks a question: has Meghan, Duchess of Sussex, been the target of specifically racist press coverage? Or is it just the double-standards in way the press writes about her, compared to the Duchess of Cambridge, that has led people to conclude that Meghan is the victim of racism?


The answer to the question appears to be ‘no’ – there has not been any mainstream media coverage or commentary that deploys racist tropes or epithets. Continue reading “Clearly, What This Controversy Needs Is Another White Person’s Thoughts On Racism, And I Am Happy To Oblige”