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Tugboats & pettyfoggery

08 November 2013 / James Wilson
Issue: 7583 / Categories: Features
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James Wilson finds one of Mark Twain’s biggest fans in the Court of Appeal

If there is a judge in modern times whose wit deserves comparison with the likes of Mark Twain, it is undoubtedly the now retired Sir Alan Ward, for 18 years a stalwart of the Court of Appeal, Civil Division. So it was no surprise that in his penultimate judgment, delivered after his formal retirement, a quotation from Mr Twain (real name Samuel Clemens) featured prominently and appropriately. The case, Reeves v Northrop [2013] EWCA Civ 362, concerned something with which the 19th century American author would have been thoroughly engaged—a wayfaring life aboard a houseboat. Unfortunately, it also featured two rather less engaging things which modern day English lawyers find tiresomely familiar, namely abysmally drafted legislation and pettyfoggering local authorities.

 

Tugboat tale

The case was brought by one Randy Northrop. He was a Californian in origin, but more of a wanderer in spirit. He moved to England in the late 1980s and purchased an old tug boat, the MY Cannis

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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