David Gottlieb

Trial and appellate lawyer: ‘If liberty means anything at all, it means the right to tell people what they do not want to hear' (George Orwell)

[David Gottlieb @DavidAGottlieb]

‘It is not hard to do justice - very hard to do right. Unfortunately, while the appeal of justice is intellectual, the appeal of right appears, for some odd reason, to induce in court’

[David Gottlieb @DavidAGottlieb]

@BarbaraRich_law Your last point beautifully explains why so many unexpected people are united in mourning her.

[Lee Harris @LeeHarris]

"Nobody has the right to live their lives being protected from offence, or from insult or from hurt feelings - it is an occupational hazard of living in society"

And if you really can't take it, become a hermit"

Here is the brilliant full speech
They all loved her

RIP Widders

[David Gottlieb @DavidAGottlieb]

@legalstyleblog Welcome back!!!

[Independent Reviewer @terrorwatchdog]

Some terrorism-related thoughts about Adam Smith Institute and Prosperity Institute's rival policy solutions to support UK free speech. It's great to see concrete policy proposals (esp in form of draft Bill). Much better than wafty analysis.
Firstly: Prosperity Institute has deliberately not addressed terrorism offences but looks at penalising lesser malign comms. My questions would be, if bar set much higher than at present, how would law deal with present demonisation of minorities, both online and offline. I detect a gap here, unless either (a) one rejects link between expression and current violence or (b) one takes the view that free expression more important.
Secondly: Adam Smith Inst draft Bill repeals all proscription under TA 2000 (so no offence to invite support for Islamic State on streets of London) plus all encouragement offences (incidentally, I'm reviewing s1 for gov at the moment, although unlikely to recommend repeal)...This is bold stuff. They exempt National Security Act 2023 but - as I write in my State Threats Report - this legislation (e.g. Foreign Interference) arguably goes further into free speech territory. Bill does not repeal s58 Terrorism Act, instructional material (e.g. instructions for carrying out attacks), this must be an oversight as would not fall within their category of unprotected speech.
Thirdly, Adam Smith draft Bill (I think) provides free speech protection for malicious computer code until point at which threatened to be deployed or deployed to cause damage to computer systems. My prediction is this aspect (covered by terrorism definition s1: designed seriously to interference with electronic system) will become more important, e.g. Mythos 5, so I'd be cautious here.
Fourthly, both Prosperity and Adam Smith want to repeal Online Safety Act 2023. In my recent speech on emotional manipulation, I argued that online domain should be treated differently from offline speech. I remain unconvinced that viral beheading video or first person school shooting video whizzing round the internet and inspiring more attacks merit protection; and am unconvinced that free speech absolutism has any role here.
But very interesting papers - thank you.

[Kirsty Brimelow KC @Kirsty_Brimelow]

Still making the argument against restricting jury trials. It is positive if @andyburnham is applying logic and common sense and joins the Bar implementing those measures that will actually get the criminal justice system back on its feet. The argument over juries is a drain of resources from actions that can reduce the backlog now.

Thank you to @ClareFoges for the searching interview @LBC

#justiceneedsjuries

[Kirsty Brimelow KC @Kirsty_Brimelow]

We continue to object to clauses 1-7 of the Courts and Tribunals Bill which restricts jury trials.
As time is passing, the recommendations of the Bar Council that have been implemented (eg uncap sitting days and blitz listing) are reducing the backlog.
#justiceneedsjuries

[The Canaanite @mysticaltech]

https://t.co/6iNmZtwoP1

[Rodney Marshall @RodneyMarshall1]

Columbo is impeccably polite, generally unflappable & hardly ever loses his temper. That is why those rare moments are gold dust. Occasionally, a callous killer - or reluctant witness - gets under his skin & he points the finger: cue sparks about to fly with raw emotion and rage.

[David Gottlieb @DavidAGottlieb]

@SBarrettBar This is surreal. I genuinely cannot believe this decision. It goes against everything I was taught about the duties that go with the privilege of being a barrister.

[David Gottlieb @DavidAGottlieb]

@QcWynter There is a problem although I'm not sure this is the way to solve it. Over the years I have known some outstanding black barristers who would make ideal judges and would easily have been appointed on talent alone but for reasons which are not easy to identify were not.

[David Gottlieb @DavidAGottlieb]

@BarryPierce @Ken_Stonger Honestly Swiss Cottage is a lovely place to live

[barry pierce @BarryPierce]

@Ken_Stonger honestly Swiss Cottage is probably No. 2 on the list of London locations that I have no concrete proof aren’t completely made up

[David Gottlieb @DavidAGottlieb]

@TonyDowson5 Have faith. A couple of years wrangling about devolution will be just the ticket for otherwise unemployed Human Rights experts from London who will now be able to rebrand themselves as constitutional lawyers in Manchester.

[David Gottlieb @DavidAGottlieb]

@Squeeze1i Being autistic is like never being invited to weddings but always being expected to be at funerals.

[Sophie ❤️ @sophieheloiset]

RIP Penelope Keith, one of our finest ❤️

[David Gottlieb @DavidAGottlieb]

Stop the Closure of Walsall Leather Museum - Sign the Petition! https://t.co/LMg4D5tYAf via @UKChange

[David Gottlieb @DavidAGottlieb]

@biemelneus The autistic experience is like you’re never invited to their wedding but always expected to attend the funeral.

[David Gottlieb @DavidAGottlieb]

@KarlTurnerMP Spot on. This may be the last chance to regain trust. Don’t squander it.

[Kirsty Brimelow KC @Kirsty_Brimelow]

Having acted as a barrister in our criminal justice system - defending and prosecuting - for over 30 years and also as a Consultant to UNICEF -for over 15 years-it was clear that examination of the minimum age of criminal responsibility is long overdue.

How we treat our children is a measure of our society.

The MACR is too low. We recommend that it is increased to 14 years’ old.

[Edward Henry KC @edwardhenry1]

Camus once said, “There is no fate that cannot be surmounted by scorn.” Many a defeat can be rationalised thus, as can the deceitful conduct of so called professional rivals. Treat their machinations with contempt.