Common Lawyer 

Articles on legal history, law in England and Wales
Post Frequency: 1/day Last Entry: December 18, 2008 at 14:33:14 Recent Entries: 73
Go to Common Lawyer, find other Legal History blogs, or browse all law blogs.
Historical Novels: Susana Gregory
Posted on December 18, 2008Having recently read that Helen Maud Cam, one of my legal history heroines (yes, we legal historians have our heroines) ...
Provocative views on provocation
Posted on November 12, 2008The Times on 7th November reports the unease of Lord Phillips about the attempt to stop men attacking their wives/ partners, by changing the rules on the pleading of provocation. He is not happy that the proposals 'so diminish the significance of sexual infidelity as expressly to exclude it from even the possibility of amounting to provocation'...
Retreat from Ropaigealach?
Posted on November 12, 2008Could it be that land law lecturers are to be spared the search for Irish-speaking friends when they are about to lecture on mortgages? Jack Straw, apparently has just noticed that it is a bit mad to have all sorts of protection and second chances for borrowers in repossession cases, if the bank goes through courts, but nothing much if they do it out of court...
Conveyed away
Posted on October 31, 2008Hang on to your hats! The latest Conveyancer and Property Lawyer is out, and there's a lot of weighty stuff ...
Repossession rules
Posted on October 23, 2008Gearing up for the recession we are apparently entering, the Master of the Rolls has approved a Civil Justice Council ...
Colonial hangovers: Bancoult case
Posted on October 23, 2008International and public lawyers will be getting all a-twitter about the hugely important case of R (on the application of ...
Voting age consultation
Posted on October 21, 2008There's a consultation out, asking whether the UK voting age should be lowered from 18 to 16. The answer is ...
Blackstone Biog.
Posted on October 17, 2008Times 16th Oct p. 55 has David Pannick?s review of W. Prest?s Blackstone biography. It is generally positive, though does ...
Sleepwalking, madness, rape
Posted on October 17, 2008Labour MP Harry Cohen has a 10-minute rule bill attempting to bar rape defendants from running a defence of ?I ...
Wigging out
Posted on October 16, 2008The recent changes in court dress were prompted by the fact that judges and barristers were wildly out of line ...
Mortgages and human rights
Posted on October 16, 2008There's an interesting case today on mortgage repossessions and sales - likely to be on the rise in the near ...
X-parte factor
Posted on October 13, 2008While members of the Bench are in the mood for a bit of modernisation of their image (what with getting ...
Consultation Capers
Posted on October 09, 2008The Department for Communities [whatever that means] and Local Government [not yet pluralised] is going consultation crazy just now, with ...
Ryan St George v Home Office (2008) CA LTL 8/10/2008.
Posted on October 09, 2008Ryan St George v Home Office (2008) CA LTL 8/10/2008.This is the sort of thing which will have the ...
Yet More Middle Earth Jurisprudence
Posted on October 08, 2008Continuing the occasional series on the legal world of J.R.R. Tolkein?s stories, here are some thoughts on The Children of ...
Tricks, treats and tribunals
Posted on October 07, 2008As we approach Hallowe?en, if anyone wants a trip into a real chamber of horrors, they can do no better ...
Mystic Predictions
Posted on October 06, 2008Horoscopes are, despite their prevalence in British newspapers, of course, a load of old rubbish. Names, however, may provide more ...
Horsehair shares down
Posted on October 03, 2008Horsehair shares downAs if the headlong fall of the financial sector were not sufficient, another important British industry is ...
Hands off Magna Carta
Posted on October 03, 2008Ignoring decades if not centuries of excellent research on the background to and nature of Magna Carta and its various reissues, the current Master of the Rolls has produced an article (Times 2/10/08, p.60) on modern civil liberties and counter-terror law, drawing the usual shaky line from the miscellaneous Big Charter of Liberties to universal rights to fair treatment in the modern world, and painting a positive portrait of principled Conservative M...
Bubbles and barminess
Posted on October 02, 2008As the financial world melts down, explodes or whatever other evocative, concrete verb we are using today, the legal historian?s mind turns to the excesses of the first flush of mad, greedy, speculation, in the time of the famous South Sea Bubble. See R...
Newish online resource
Posted on October 01, 2008Highly recommended - the recent, and free - Records of the Parliament of Scotlandhttp://www.rps.ac.uk/It has a handy search ...
Fi. fa. fo fum
Posted on September 30, 2008Hold the front pages! The sinisterly-named (or maybe it sounds like a club) Ministry of Justice has just released the ...
Malory Towers: Law in the Arthurian World
Posted on September 29, 2008Law in the Arthurian WorldI'm not aware of any legal history writing on the Arthurian world, though there are ...
Megalithic Law
Posted on September 17, 2008There's a public consultation about revamping Stonehenge, at http://www.stonehengeconsultation.org/Stonehenge, of course is one of those mysterious places with many ...
Late Review/ Appreciation
Posted on September 09, 2008I have just read and found very useful C. Saunders, Rape and Ravishment in the Literature of Medieval England (Cambridge, 2001). Generally, I am very wary of literary treatments of legal or partly legal topics - they tend to get into the slough of Foucault very quickly and thence up their own fundamentalities without too much more ado...
Open letter, minds possibly less open?
Posted on July 01, 2008It seems that 1,300 disgruntled Anglicans have sent an open letter to the Archbishops, opposing the move to allow women ...
Mortmain in Space
Posted on June 23, 2008Those sci-fi/legal history nuggets keep on coming...I was watching an old Dr Who today ? ep. 1 of The Ribos Operation (1978, featuring Tom Baker, K9 and the first appearance of the somewhat sinister assistant, Romana). The main storyline is about the quest to find the missing segments of the Key To Time, but there is some interesting allusion to medieval conveyancing...
Unfree Tenure Top Ten
Posted on June 16, 2008Unfree Top Ten(ure)Songs10. I?m your man[or] Wham9. Serfin? U.S.A. Beach Boys8...
Gratuitous 'What If?' History
Posted on June 12, 20081533: A King?s Prerogative (POV Thomas Cranmer)The King?s Great Matter had occupied my mind for years. I had spent ages consulting law books, then in careful diplomacy and scholarly dispute. Finally, the case was coming together. I knew that we would have to hold our nerve and make the break with Rome, but I was sure I could win the people away from that old superstitious nonsense...
Sci fi and law
Posted on May 17, 2008New fun project: legal issues in sci-fi novels and films. American sci-fi in particular is quite heavy on legal issues - Star Trek on international/interplanetary law, for example.We could also highlight Robert A. Heinlein's Between Planets (1951) on laws about nationality /planetary allegiance, and the secession of a new Republic of Venus from the imperial Federation...
Old views of future trials
Posted on May 09, 2008In spare evenings, I am getting through the DVDs of 1960s fantasy/sci-fi/thriller The Prisoner. There's a general legal theme, obviously, with our hero, Number 6, kidnapped and incarcerated in The Village, an apparently pleasant, if highly regulated, society with underlying police state/totalitarian organisation...
Legal History of Stripes
Posted on May 06, 2008The stripe, 'ray', or fabric which is 'parti-coloured' has been used to communicate a number of different status messages. The ...
Oath no you don't
Posted on March 12, 2008Lord Goldsmith is, it seems, proposing that schoolchildren swear allegiance to the Queen as part of the whole ?Britishness? drive. ...
Something nasty in the woodshed?
Posted on March 03, 2008The legal historian?s heart is warmed by the very antiquarian charm of R v Cockburn (2008) LTL 29/2/2008 [2008] EWCA ...
Gratuitous bog-standard doggerel
Posted on February 29, 2008OK, so it's gratuitous and non-legal, but the Common (as muck) Lawyer blog is granting political asylum to the following neo-sonnet which would otherwise be unlikely to see the light of day. See what a boon the internet is to those with literary pretensions and unfashionable political ideas...
Marching On
Posted on February 21, 2008There is some very interesting legal historical content in the case concerning rights over land and river bed in the ...
Yee ?ha for the Lancashire police posse
Posted on February 13, 2008There?s a rather exciting case report today, of the Lancashire police behaving like something out of the Wild West (or ...
The Wit System
Posted on January 28, 2008Law academics ? or is it just British ones? ? seem to be very fond of the punning title for ...
'Pop on Trial' on trial
Posted on January 26, 2008Yes, it?s infinite regress time, folks. BBC 4 has been having a bit of a ?Pop? theme lately, with a ...
Political Footballs, the Death of Principle, and the Public Benefit of Private Schools
Posted on January 17, 2008Political Footballs, the Death of Principle, and the Public Benefit of Private SchoolsThere is much disquiet amongst those involved ...
More Middle Earth Jurisprudence
Posted on January 10, 2008More Middle Earth Jurisprudence: thoughts on J.R.R. Tolkein, The Hobbit (4 ed repr 1995, first published 1937).I?m listening ...
You've got to have faith (schools)
Posted on January 07, 2008On 3/1?s Lawtel, there was a list of acts designating as schools having a religious character such otherwise-apparently-not-obviously-religious institutions as ...
Cosmetic alteration of the truth
Posted on January 07, 2008Consumer magazine Which? has discovered that those involved in the plastic surgery industry are sometimes found to have their pants ...
Pardons for witches
Posted on January 07, 2008There is an interesting legal historical development in Scotland, where the Parliament is being asked to consider pardons for those ...
Titles and forelock-tugging
Posted on January 07, 2008IN today's Guardian (p.14) regular law correspondent Marcel Berlins makes fun of the daftness of judicial titles in England and ...
Review: McLynn, Lionheart and Lackland
Posted on January 03, 2008The Very Late ReviewFrank McLynn, Lionheart and Lackland: King Richard, King John and the Wars of Conquest (2006) ...
(Ma)sonic the Hedgehog
Posted on December 19, 2007...or indeed Super Mario Brother(hood)I was deeply unimpressed (from my left-liberal anti-secret society and men-only aproned silliness standpoint) to ...
Inquest on an inquest
Posted on December 18, 2007Diana InquestEvery day, at the moment, it seems that there is a new titbit of information on the news ...
Quem Pastores Law-davere
Posted on December 17, 2007Festive JurisprudenceI did a quick search for old cases with festive resonances, but there were, I?m afraid, slim pickings. ...
Hello, Sailors
Posted on December 16, 2007I was looking up something relating to admiralty law today, and got sidetracked by the splendour and daftness of ship ...
Tut tut, it's been a while
Posted on December 16, 2007OK, not really law-like, but the Dynasty just went to the Tutankhamun exhibition, so here is myEgyptian Top 10...
Jehovah's Witless
Posted on November 05, 2007It?s not often that the (formerly soaraway) Sun has a front page of CommonLawyer interest, but today, I saw in the newsagent?s that it had something on the story of a young Jehovah?s Witness mother who had refused a life-saving blood transfusion after giving birth to twins...
The Legal history of the Lord of the Rings
Posted on October 25, 2007The Legal history of the Lord of the Rings(With which I stake my claim to a high place in ...
Mammon and the Pastor
Posted on October 22, 2007Mammon and the PastorNew Testament Church of God v Sylvester Stewart [2007] EWCA Civ 1004 This recent case concerns employment law, and its application to the role of ministers of religion. As is often the case with matters theological, as many questions are raised by it as are resolved...
Historical Musings on Edward II
Posted on October 21, 2007I have been revisitng the Welsh legends which were great favourites of my childhood, and, in the strange way brains ...
More on Moncrieff: Anglo-Scottish concord on car parking
Posted on October 19, 2007More on Moncrieff: Anglo-Scottish concord on car parking The House of Lords judgment in Moncrieff v Jamieson [2007] UKHL ...
Servitudes and car parking
Posted on October 18, 2007This morning's Lawtel summary bills Moncrief and another v Jamieson and others [2007] UKHL 42 as deciding that Scots law ...
<img src="http://www.blawg.com/claimscript.aspx?userid=Gwen&LinksID=1907">
The Jurisprudence of Abba
Posted on October 17, 2007The Jurisprudence of Abba(And, if you?re wondering, this qualifies as legal history because of the scary amount of time ...
Common Callings
Posted on October 16, 200716th October, 2007.There?s a careers fair on today at the hallowed mock-Gothic neo-phallic pile of academe in which I ...
And another thing
Posted on October 15, 2007GRR no. 2 from a Lawtel summary today, we have the verb to 'head up' a team. NO NO NO ...
Rant of the day
Posted on October 15, 2007The other M-word which provokes in me a visceral pedant-reaction is 'methodology', a word peppered about it socio-empirico-legal-logical papers. There's ...
The Constitutional Law of Beauty Pageants
Posted on October 12, 2007Thoughts on Danielle Lloyd v Miss Great Britain Ltd (2007) LTL 12/10/2007 There?s definitely a pretentious article waiting to be ...
A Multiplicity of 'Mistress'es
Posted on October 11, 2007Both local and national media are following the inquest in Glastonbury on the 2001 death of Andrew Chubb, the Somerset-based ...
Non-travel writing
Posted on October 08, 2007I am pioneering a new type of very green travel writing - NON travel writing. It's all about saying why one is choosing not to go to a particular place, and today's non-destination is.....Littledean Jail in the Forest of Dean. On a very enjoyable family outing to the Forest of Dean Heritage Centre (interesting snippets about forest law, freeminers and the job of Deputy Gaveler of the Forest), I picked up a variety of leaflets for other tourist spots in the area, of both scenic and historical interest...
The times they aren't really a-changing
Posted on October 04, 2007How marvellously it does stir my heart and win my vote to see that slimy, er, I mean really sincere, ...

Best Law Movies
Greatest Legal Movies selected by ABA Journal
Lawyer Jokes
Law Humor
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...
What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...
I signed myself out of a hospital because I thought the care was negligent. I am a nurse and know a great deal about medical care. I was in the hospital a year ago for less then 12 hours and they sent me a bill for over
If you can prove tha the care was negligen you need to get a lawyer and try to n...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...

Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...
What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...
I signed myself out of a hospital because I thought the care was negligent. I am a nurse and know a great deal about medical care. I was in the hospital a year ago for less then 12 hours and they sent me a bill for over
If you can prove tha the care was negligen you need to get a lawyer and try to n...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...








