Tag Archives: ruling

Tory government breaks ruling ordering it to publish report on UK fracking

The obvious question – asked by Labour’s Jon Trickett in the quoted extract below – is clear:

If the Tories will break a legally-binding regulator’s ruling to hide the facts about fracking from the public, what other rules are they willing to break?

My guess is: all of them.

And if they’re hiding information from you, it’s because they are putting their own interests before those of the nation.

That’s no way for a government to behave.

The government has refused to abide by a ruling to publish parts of a report on the state of the UK’s fracking industry, Labour has pointed out.

The government was instructed by the information commissioners office (ICO) to release the document by 5pm on November 25th. This followed the failure of the cabinet office to respond to a freedom of information request submitted by Greenpeace in 2018.

The cabinet office had refused on the grounds the information “could call into question the industry’s viability” and was an internal government document exempt from the environmental information regulations.

Labour’s shadow minister for the cabinet office, Jon Trickett, said: “The Tories’ failure to publish this crucial report on fracking shows contempt for democracy and serves as a stark warning for what lies ahead if Boris Johnson is re-elected.

Labour has explicitly committed to a ban on fracking. The government halted fracking earlier this month but campaign groups are concerned that this is a temporary pause.

Source: Government refuses to publish report on fracking – LabourList

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Demand for Johnson to resign after Supreme Court’s prorogation ruling. But will he?

Boris Johnson: One may imagine that his face had a similar expression after he was woken up to be told the Supreme Court’s decision.

This morning, Boris Johnson was being urged to resign for giving public money and a place on trade junkets to a personal friend. Now he’s facing a much more serious charge.

Here’s Jeremy Corbyn:

It’s not an idle demand.

Boris Johnson has tried to overrule Parliamentary democracy, and he has manipulated the Queen in order to do so.

The only proper course of action for him now is to come back from the UN with his tail between his legs and offer the Queen his resignation.

But you can bet he won’t do that willingly.

In less than two months, he has made himself the worst prime minister the UK has ever had. The government falls further into disgrace with every day he remains in position.

But it is what he has always wanted so, like a spoiled child, he’ll stay right where he is until someone forces him out.

Let us hope that happens sooner, rather than later.

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Northern Irish judges rule Boris Johnson prorogation won’t harm the peace process

Was anybody expecting an earth-shattering turnabout as a result of this ruling?

I wasn’t. Here’s what we know at the time of writing:

Judges in Belfast have ruled that Boris Johnson’s decision to suspend parliament for five weeks was lawful and would not damage the Northern Ireland peace process.

Lawyers for the applicants in Belfast argued that a no-deal Brexit on 31 October would undermine agreements involving the UK and Irish governments that were struck during the peace process and which underpin cross-border co-operation between the two nations.

Source: Northern Irish judges rule Boris Johnson prorogation is lawful | Politics | The Guardian

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Scottish Judge rejects parliament shutdown legal challenge

This is self-explanatory and nothing more than what was to be expected.

In any case, events have moved on and the prorogation now appears to be just another mistake by an inept, failed prime minister.

A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.

The case was brought to the Court of Session in Edinburgh by a cross-party group of 75 parliamentarians, who argued the PM had exceeded his powers.

But Lord Doherty ruled on Wednesday that the issue was for politicians and voters to judge, and not the courts.

He said there had been no contravention of the law by the government.

Source: Brexit: Judge rejects parliament shutdown legal challenge – BBC News

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Press regulator rules Jewish Chronicle WRONG to have called Vox Political writer ‘Holocaust denier’

What was it the Jewish Chronicle was saying about the Labour Party being an “existential threat” to Jewish people?

From a purely objective viewpoint (of course), it seems clear that the main threat to Jewish people is coming from rags like the Chronicle, making false claims about perfectly decent people like me.

It stirs up distrust in the community, you see.

And people like Chronicle editor Stephen Pollard should not be allowed to get away with it. This is why I am raising funds to take those who have libelled me to court, so a financial penalty can be imposed on them that is of equal weight to the damage they have caused. Regular readers of This Site will be aware of the existence of my JustGiving page, and I apologise for having to keep mentioning it, but if you have contributed already, please consider making a further donation, or ask a friend to do so.

The Jewish Chronicle had accused me of Holocaust denial, following up on an article in another newspaper (on which judgement is pending). I took the matter to the Independent Press Standards Organisation, which announced a ruling. This happened two weeks ago, but I had to wait for the all-clear to mention the fact. Here it is:

The complainant said that it was inaccurate for the article to say that he had said he “could not
comment” on whether thousands or millions of Jews died in the Holocaust because he ‘didn’t
know’. A commenter on the website had been listing incidents of anti-Semitism on the Left, and
had referred to a leaflet which he said omitted Jews from a list of Holocaust survivors, and put
the number of deaths from the Holocaust at thousands, rather than millions. In response to a
comment about the leaflet, the complainant had said “I’m not going to comment on ‘thousands’
instead of ‘millions’ because I don’t know, but the Nazi holocaust involved many other groups
as well as Jews, and it seems likely that the SWP was simply being ‘politically correct’”. He said
he was referring to not knowing why the leaflet made this claim, rather than to not knowing the
number of Jews who died.

The publication denied that the article was inaccurate. In respect of the ‘thousands or millions’
claim, its interpretation of the comments thread was plausible, and there was no significantly
inaccuracy.

The complainant had not expressly said that he “could not comment on whether thousands or
millions of Jews died in the Holocaust”. There was no reference in the discussion surrounding the
leaflet to “whether thousands or millions of Jews died in the Holocaust”, because the leaflet had
explicitly not referred to Jews among the victims of the Holocaust. The publication was entitled to
give its own interpretation of what the complainant had meant by his comments. However, the
article did not make clear that it was reporting the publication’s interpretation of the
complainant’s comments. This represented a failure to take care, in breach of Clause 1(i). The
article gave the impression that the complainant had said something which he had not, on a
subject liable to cause widespread offence.

As with MailOnline previously, IPSO has let me down as far as punishment is concerned.

The Jewish Chronicle gets off with a light slap on the wrist: “Having upheld the complaint… the Committee considered what remedial action should be required. The publication had offered a clarification which set out the complainant’s position in relation to the number of Jewish victims of the Holocaust, and on the meaning of his comments. This clarification made the complainant’s position clear, and addressed the article’s misleading presentation of his comments. This was sufficient to meet the terms… and should now be published.”

A full clarification, admitting that the paper had misled readers and apologising to me, would have been more appropriate.

And there are other outstanding matters that will now require a court ruling – which is why I am appealing for funds.

But for now, the score stands thus: Vox Political – TWO        Libellous newspapers – NIL.

Please be sure to share this information far and wide.

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One down: Press regulator rules against MailOnline in Vox Political ‘anti-Semitism’ case

This is a welcome victory.

But in the words of somebody much nastier than me: It is not the end. It is not even the beginning of the end. But it may well be the end of the beginning.

The Independent Press Standards Organisation has upheld my complaint against MailOnline, that it misrepresented me in an article accusing me of Holocaust denial and other examples of anti-Semitism.

It is the first adjudication among five complaints against news organisations that made similar allegations against me on or around February 4. You’ll see the issues when you read the full adjudication below. IPSO was supposed to publish it on the organisation’s website last Thursday but, for some unaccountable reason, this has not happened. As I have assurances that it is not being challenged, I’m going ahead and publishing it here.

The ruling regarding the alleged statement about a “cabal of Jewish advisors” to Tony Blair is wrong; I did not suggest that anyone could be justified in suggesting that Mr Blair was influenced in such a way – I stated that anyone hearing such a claim could be justified in being concerned about it, at least until they were presented with the evidence on the matter. There is, therefore, a world of difference between what MailOnline – and now IPSO – attributed to me and the fact of the matter, and claims that the publication’s interpretation of my words is reasonable are false. I will have to pursue this in the courts.

The punishment is completely inappropriate. Ordering MailOnline to do something it had already offered to do – and which I had rejected because it was not enough – is frankly pathetic. MailOnline has been found to have been inaccurate in its reporting of me and should be forced to admit that it was wrong and apologise.

IPSO’s view is that “the Committee decided that the footnote clarification was sufficient on this occasion… [and] there is no requirement for MailOnline to publish the decision; it will be published on our website. Again, were the Committee to have considered that the breach of the Code was such that [publication of] an adjudication was required, the publication would have been required to publish this in a position determined by the Committee.” Weak.

The ruling in my favour over the false claim of Holocaust denial is very interesting, as the original allegation came from a leaked Labour Party report on me. Labour has raised several charges of anti-Semitism against me – among which, Holocaust denial is notable for its absence. But the Information Commissioner’s Office has ordered the party to provide me with all the information it holds about me, after it was found to have broken the law by failing to honour a Subject Access Request I sent out in February – so I will see the information that led to the news outlet’s claim (or I will know that Labour has not sent all the information required of it).

That will have a huge bearing on the outcome of Labour’s investigation. As the party has been caught lying about me, this casts a shadow over all its other claims.

But the main benefit to come from this will arise when I launch my court cases against the organisations that have lied about me but are not subject to IPSO regulation. Having a ruling in my favour here will weigh heavily against my opponents in that arena.

But I need the funds to be able to do that, which is why I have a JustGiving page dedicated to that purpose.

If you want to help put an end to frivolous, lying accusations of anti-Semitism, please visit the page at https://www.justgiving.com/crowdfunding/mike-sivier and donate some cash. I’m hoping to raise £25,000 and have a long way to go.

Here’s the IPSO adjudication:

Decision of the Complaints Committee – 02821-18 Sivier v MailOnline
Summary of Complaint
1. Mike Sivier complained to the Independent Press Standards Organisation that MailOnline breached Clause 1 (Accuracy) of the Editors’ Code of Practice in an article headlined “Journalist accused of anti-Semitism and ex Militant member among the far-left activists who have been let back into Labour after Corbynistas tightened their grip on the party”, published on 4 February 2018.
2. The article reported on “secret documents” seen by a different publication, which showed that the Labour Party had allowed “far left activists” back into the party. It said that the complainant was being given back his membership after being “expelled…over claims he had posted anti-Semitic abuse online”. The article said that the complainant “reportedly said it ‘may be entirely justified’ to say Tony Blair had been ‘unduly influenced by a cabal of Jewish advisers’”, and that he also “said he was ‘not pretending it was a big problem’ if Jews were omitted from a list of Holocaust survivors”. It went on to say that, according to the other publication, the complainant “claimed ‘I’m not going to comment’ on whether thousands or millions of Jews died in the Holocaust as ‘I don’t know’”.
3. The complainant said that he had not been “expelled” from the Labour Party: he had been suspended while an investigation was carried out into allegations that he had posted material which might be interpreted as anti-Semitic – not for posting “abuse”. He said that another commenter on his website had stated that a Labour politician had said that Tony Blair was “unduly influenced by a cabal of Jewish advisers”. He said that, without further context, it was impossible to analyse this claim; he had replied saying “I would point out that (without further information) concerns that Tony Blair was being ‘unduly influenced’ by a ‘cabal of Jewish advisers’ may have been entirely justified”.
4. The complainant said that the other comments reported had been distorted by being removed from their context, and denied that they were anti-Semitic. A commenter on the website had been listing incidents of anti-Semitism on the Left, and had referred to a leaflet which he said omitted Jews from a list of Holocaust survivors, and put the number of deaths from the Holocaust at thousands, rather than millions. The complainant denied having said that he didn’t know whether thousands or millions of Jews died in the Holocaust. Rather, in response to a comment about the leaflet, he had said “I’m not going to comment on ‘thousands’ instead of ‘millions’ because I don’t know,
but the Nazi holocaust involved many other groups as well as Jews, and it seems likely that the SWP was simply being ‘politically correct’”. He said he was referring to not knowing whether the leaflet made this claim, rather than to not knowing the number of Jews who died. He had gone on to say “Nobody has said anti-Semitism on the left doesn’t exist…But it isn’t organised and is mostly the work of aberrant individuals”. The commenter had then accused the complainant of “pretending that there isn’t a problem”. The complainant had replied “I’m not pretending there isn’t a problem, I’m just not pretending it’s a big problem”. His comment that he was “not pretending it was a big problem” had been referring to the problem of anti-Semitism on the Left in general, and not to the omission of Jews from the list.
5. The publication denied that the use of the word “expelled” was significantly misleading; the article did not suggest that the complainant had been permanently removed from the party, as its entire premise was that he and others had been readmitted. It nevertheless removed this word from the article and substituted the word “suspended” in its place. It also denied that the term “abuse” was misleading since the allegations related to the posting of content which might be interpreted as anti-Semitic. In addition, the publication said that it had accurately reported the complainant’s comments in relation to the “cabal of Jewish advisers”.
6. The publication said that the article was entirely accurate in reporting the complainant’s other comments; the interpretation that had been made of the comments was reasonable. It acknowledged that the complainant may have a different interpretation of the comments, and offered to publish a footnote clarification as follows:
Since first publication Mr Sivier has contacted us and asked us to point out that his refusal to comment on the issue of why the SWP flyer referred to “thousands” rather than “millions” was a reference to the choice of wording by the SWP on their flyer and not a reference to the number of victims of the Holocaust. He also says that the reference to there not being a “big problem” was directed to the general issue of anti-Semitism on the left and not the specific issue of omitting Jews from the list of Holocaust survivors. Mr Sivier denies making any comments that could be interpreted as anti-Semitic and we are happy to make his position clear.
It also offered to publish a standalone clarification on its website as follows:
An article on 4 February entitled “Journalist accused of anti-Semitism and an ex Militant member among the far-left activists who have been let back into
Labour after Corbynistas tightened their grip on the party” reported on allegedly anti-Semitic comments made by mike Sivier. We now understand that Mr Sivier denies that these comments could be interpreted as anti-Semitic and we are happy make his position clear.
7. The complainant denied that the article contained a reasonable interpretation of his comments. In reference to the claim regarding the number of Holocaust victims, his original comment had made clear, through the use of quotation marks, that he was referring to the use of the words in the leaflet, rather than to his own beliefs. The commenter had said that the complainant was “defending the indefensible, and pretending that there isn’t a problem” with anti-Semitism on the Left, and it was in response to this that he had said “I’m not pretending there isn’t a problem, though. I’m simply not pretending it’s a big problem”.
Relevant Code Provisions
Clause 1 (Accuracy) i) The Press must take care not to publish inaccurate, misleading or distorted information or images, including headlines not supported by the text. ii) A significant inaccuracy, misleading statement or distortion must be corrected, promptly and with due prominence, and — where appropriate — an apology published. In cases involving IPSO, due prominence should be as required by the regulator. iii) A fair opportunity to reply to significant inaccuracies should be given, when reasonably called for. iv) The Press, while free to editorialise and campaign, must distinguish clearly between comment, conjecture and fact.
Findings of the Committee
8. The Committee noted that the article had reported claims about the complainant which had previously been published elsewhere, and had presented them in this light. However, the comments which the article reported on were publicly available, and the publication was responsible for reporting them accurately.
9. The article had originally stated that the complainant had been “expelled” by the party. The Committee acknowledged that, read alone, this might suggest that he had been permanently barred. However, the sub-headline indicated that he had been ‘suspended’, and the article made clear that he was eligible to be readmitted; indeed, this was the premise of the article. In these
circumstances, stating that he had been “expelled” was not significantly misleading, and there was no failure to take care over this claim. Similarly, it was not misleading for the article to say that the complainant had been expelled “over claims” of “abuse”: the suspension had related to allegations of anti-Semitic comments made online, which the publication was entitled to characterise as “abuse” when the basis for this was made clear. In addition, the newspaper had not stated as fact that he had in fact engaged in “abuse”, but had stated that he was suspended “over claims” of such behaviour. There was no breach of Clause 1 on these points.
10. In response to a commenter referring to comments by a Labour politician stating that Tony Blair was “unduly influenced by a cabal of Jewish advisers”, the complainant had written “(without further information) concerns that Tony Blair was being ‘unduly influenced’ by ‘a cabal of Jewish advisors’ may have been entirely justified.” This comment was accurately reported by the publication, and it was entitled to rely on the words the complainant had used. There was no breach of Clause 1 on this point.
11. The complainant had not directly said that he was “’not going to comment’ on whether thousands or millions of Jews died in the Holocaust as ‘I don’t know’”. There was no reference in the discussion surrounding the leaflet to “whether thousands or millions of Jews died in the Holocaust”, because the leaflet had explicitly not referred to Jews among the victims of the Holocaust. The publication may have inferred this meaning from the complainant’s comments, but it reported this as something he had said. The article did not make clear that it was reporting the publication’s interpretation of the complainant’s comments; they were presented as direct quotations. Because the comment thread was publicly available, this represented a failure to take care, in breach of Clause 1(i). The article gave the impression that the complainant had said something which he had not, on a subject liable to cause widespread offence, a clarification was required to avoid a breach of Clause 1(ii).
12. As set out above, the complainant had suggested that omitting Jews from a list of Holocaust survivors in a leaflet may have been for “’politically correct’” reasons. However, he had not explicitly stated that omitting Jews from the list was “not a big problem”, as the article said Claiming that the complainant had said this, when his comments were publicly available, his represented a failure to take care over the accuracy of the article, in breach of Clause 1(i). Because the article gave the misleading impression that the complainant had made a claim that he had not made, it required clarification to avoid a breach of Clause 1(ii).
13. The footnote clarification addressed the two inaccuracies identified in the article, and made clear the complainant’s position with respect to these two points. It was therefore sufficient to address the inaccuracy and avoid a breach of Clause 1(ii). The Committee welcomed the offer of a standalone clarification; however, the footnote correction was sufficient to address the inaccuracies in the article, and the Committee did not require a standalone correction in this instance.
Conclusions
14. The complaint was upheld under Clause 1(i).
Remedial action required
15. The publication had offered a footnote clarification which set out the complainant’s position in relation to his comments. This clarification addressed the inaccuracies within the article, and was sufficient to meet the terms of Clause 1(ii). It should now be published.

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Tories have been breaking the law by rejecting vulnerable benefit claimants

This could have serious repercussions for the Conservative government.

Suddenly, instead of dismissing appeals for mandatory reconsideration from people who were not able to submit them in time, ministers have been told benefit claimants must have a right to a tribunal.

It’s a game-changer, and it could save lives.

What does that tell us about the Tory policy that refused people this legal recourse?

Senior judges from an Upper Tribunal have ruled that Theresa May’s government has been acting illegally. And once again, those affected by the ruling are some of the most vulnerable people in the country. The judgment means that the government has likely been screwing over thousands of disabled people who will now potentially be affected by the ruling.

The case was brought by two people who failed to appeal the decision to stop their Employment and Support Allowance in time. Current Department for Work and Pensions (DWP) rules state that the first stage of appealing a decision – a mandatory reconsideration – needs to be lodged within a month.

These claimants didn’t make the deadline because of their “extenuating circumstances”; both have mental health issues along with other problems. But the DWP initially refused to hear their appeals or allow them to present their arguments to a tribunal. So with the help of the Child Poverty Action Group (CPAG), they took the case further.

The problem with strict time limits for people with health conditions should be obvious. They may have issues that do not always allow them to appeal quickly. And this is something the Upper Tribunal judges thought should be “obvious”.

They ruled that: “We have concluded that as a matter of statutory interpretation a claimant in such circumstances has a statutory right of appeal to the first-tier tribunal.”

Source: Senior judges rule that Theresa May broke the law and probably screwed over thousands of people | The Canary


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PIP u-turn is Tories’ chance to tell us how many people have died because of their murderous policies

Judge Death: Esther McVey’s Department for Work and Pensions will evaluate the PIP entitlement of people who have died since claiming – including some whose claims were refused altogether [Image: PA].

It’s brilliant that Esther McVey has seen sense and the Department for Work and Pensions is to re-evaluate all 1.6 million claims for Personal Independence Payment.

It’s amazing that the Department is preparing to spend £3.7 billion putting right the wrong that the government deliberately inflicted on these people – even though it took a court ruling to make it happen.

But I have a question:

If the government is starting with claimants who have died – or had their benefits denied entirely, will the DWP take this opportunity to find out how many PIP claimants have died after being told they did not deserve the benefit?

Long-term readers will know it took me two years to get an answer from the DWP on the number of people claiming the other benefit for people with long-term illnesses or disabilities – variously IB, SDA and ESA.

That answer was miserably inadequate because the DWP does not monitor what happens to people who have been refused benefits.

They are simply left to fend for themselves – and This Site has run article after article detailing how many of them have died as a result.

Now, the DWP has to find out what has happened to everybody who has claimed PIP over the period since it decided to restrict payments. That means civil servants will know how many people have died and what proportion of all claimants they represent.

I want those numbers published for everybody to see.

We need to know how many people are dying because of Conservative government policy.

The DWP said no one will have to endure a fresh face-to-face disability assessment.

Instead case managers will review people’s claims using existing information, and bump up their benefits if appropriate.

Case managers will contact claimants or their GPs if they need to find out more.

Priority will be given to claimants who have since died, and those who had their benefits denied entirely.

Officials will then move on to those who were paid PIP but got less than they deserved.

Source: Tory government will reconsider 1.6MILLION people’s disability benefits after offering higher payments in huge U-turn – Mirror Online


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Torture survivors were wrongly imprisoned – but that’s no surprise with Amber Rudd

Yarls Wood immigration Removal centre in Clapham near Bedford in Bedfordshire [Image: Sean Dempsey/PA Images via Getty Images].

The Home Office does not intend to appeal against the court’s decision – but what does that mean, with Amber ‘Lock-Em-Up’ Rudd in charge?

Ms Rudd has already come under fire for failing to release an asylum-seeker who had been tortured in a Libyan prison – a valid definition of torture, even under the Home Office’s now-discredited Adults At Risk policy.

A court order was made for Ms Rudd to release that person but she ignored it. The Home Office then failed to provide written reasons for failing to comply with the order.

So – moving on to the current case – why would anybody believe the Home Office would act on a High Court ruling, even after saying it would not challenge the verdict?

Torture survivors have won a High Court challenge against the Home Office over policy which saw asylum seekers fleeing persecution wrongly locked up in immigration detention centres.

Mr Justice Ouseley ruled that the Home Office policy “lacked a rational or evidence basis” and wrongly allowed many who had been tortured overseas to be imprisoned.

The Adults at Risk policy, introduced in September 2016, had redefined torture to refer to violence carried out only by official state agents.

The charity Medical Justice and seven former immigration centre detainees argued the legal definition was too narrow.

The detainees included victims of sexual and physical abuse, trafficking, sexual exploitation, homophobic attacks, a child abused by loan sharks and a young man kidnapped and abused by the Taliban. The Home Office’s narrowed definition of torture excluded the seven from being recognised as torture victims.

The judge stated that the definition of “torture” intended for use in the policy would require medical practitioners to “reach conclusions on political issues which they cannot rationally be asked to reach”.

Source: Torture Survivors Were Wrongly Imprisoned, High Court Rules


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#Brexit court ruling: Media finally realise Liz Truss may have acted unlawfully over ‘Enemies of the people’ headlines

The Lord Chancellor waited nearly 48 hours before responding to backlash against the High Court Brexit ruling [Image: Getty].

The Lord Chancellor waited nearly 48 hours before responding to backlash against the High Court Brexit ruling [Image: Getty].

This Blog raised concerns about Lukewarm Liz and the legality of her response in this matter – more than two weeks ago!

Why have the mainstream media been quiet since then? Were they waiting for people to forget about the story?

Were they afraid of the reaction from people who agreed with the Mail‘s ‘Enemies of the people’ headline – who, I understand, we are to describe as “alt-right” rather than as “Nazis”?

Were they afraid to stand up and demand that a minister of the Crown defend the letter of the law – to the limit of her abilities, rather than with a mild sop?

It’s hard to support the government, the law, a vocal but vicious minority, and the people in general, all at the same time. Perhaps these jellyfish should choose a side.

Liz Truss has failed in her statutory duties and may have broken the law by keeping a near-silence in the face of a torrent of abuse targeting three high court judges, a former Lord Chief Justice has warned.

Source: Liz Truss may have broken law in failing to defend Brexit judges, warns former lord chief justice | The Independent

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