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30 May 2014 / Sir Geoffrey Bindman KC
Issue: 7608 / Categories: Features
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Putting our leaders on trial

Impeachment is not an effective weapon by which to hold our leaders to account, says Geoffrey Bindman QC

The resignation of a cabinet minister following allegations of misconduct is an unusual event. Does our constitution have the means to hold our leaders to account?. In the case of Maria Miller MP, resignation seemed to remove the pressure for any further action. Yet no one talked about impeachment. This is the historic process by which the House of Commons could procure the trial of a senior public servant or government minister for “high crimes and misdemeanours”. Is it still relevant?

The last impeachment in England, in 1805, was of Viscount Melville, William Pitt’s former Home Secretary Henry Dundas. He was acquitted of misappropriating public funds. But the great legal historian Holdsworth thought in the 20th century that impeachment “might still be a useful weapon in the armoury of the constitution because it embodies the sound principle that ministers and officials should be made criminally liable for corruption, gross negligence or other misfeasances in the

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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