Advanced Explanation for Absence
24 February 2009 at 14:33 | In Personal, Random | Leave a CommentI’ve been signed back to work by the doctor (yay) and so will probably be spending 90% of the next week and a bit in work catching up on the things that haven’t been done in my abscence and all the things that need to be done before I go off again on holiday (the remaining 10% will be spent eating and sleeping).
I probably wont get the chance to blog again until I’m off on holiday.
Catch you all later.
Quantitative Easing
23 February 2009 at 22:25 | In Politics | Leave a CommentI studied Economics in my first year of university and never quite got it (that might have had something to do with the lecturer’s English being almost impossible to understand and a lecture hall full of muppets that caused the lecturer to actually walk out during one lecture). However, over the last year and a half I’ve managed to pick up and understand a lot more about Economics. So, I thought I would decide to post a blog entry about the economy. This entry will be grossly over-simplified (some of the things I mention in here have whole textbooks written on them alone).
We’re all acutely aware that the economy is not good. It all started with the crashing of the Subprime Mortgage market over in the USA. Subprime loans are ones which are given to people who do not meet the prime underwriting guidelines. These borrowers have a higher perceived risk of default on the loan repayment. It was this crash that is seen to have sparked off the “credit crunch” in 2007.
In the UK we have seen, like America, our banking system collapse. Many of our banks are now all or part state owned. Northern Rock was the first major problem in UK. The run on the bank (when large volumes of people withdraw their money) did not help matters as people continued to panic (and inaction from the Government) it meant that people continued to loose confidence in the bank and made more people with investments in the bank to withdraw them. This loss of confidence caused the share price of the bank to plummet and in the end nearly caused the bank to collapse (the media have just as many difficult questions to answer as the top bankers do, in my opinion). We’re now at a situation where banks are too frightened to lend, which is causing liquidity problems for the economy. As the availability of credit fell, fewer and fewer people were able to spend money, which is what keeps the economy going. At the same time there was a rise in inflation, which has caused the Central Bank (The Bank of England ,or BOE) to reduce interest rates to a point where they are approaching zero. What happens when they hit zero?
Several things can happen and a number are being talked about in the media. There is another interest rate to the one we are familiar with. We are familiar with the nominal interest rate, but not with the real interest rate. Let me explain the difference. There are three risk factors which have to be considered:
- The debtor will default or will be unable, for whatever reason, to repay the loan on the originally agreed upon terms or that collateral backing of the loan will prove to be less valuable than estimated
- Taxation or changes to the law which would prevent the creditor from collecting the repayments or having to pay more tax than originally thought
- The repaid money might not have as much buying power than the money lent (to do with inflation and the value of currency)
The nominal rate of interest includes these three risk factors, plus the time value of the money itself. The real interest rate is essentially the nominal rate minus inflation and currency adjustments. What is the point of explaining this? Well, this real interest rate can be played about with (and reduced) even when the nominal rate hits zero. This is one way the BOE is considering getting round the problem of zero interest rates. When negative interest rates are spoken about it usually refers to real interest rates and not nominal interest rates.
The other option that I’ve heard discussed a bit recently could prove to be quite dangerous if it was used. It is called Quantitative easing (QE). For those of you who do not know what QE is, the grossly over-simplified explanation is that it is when the central bank (in the UK that is the BOE) prints more money. It then uses this money to buy Government bonds or the CB will lend this money it has created to deposit-taking institutions or they may even use this money to buy assets from banks. The theory is that this money is then lent out to the wider economy, which increases the flow of money. Now, this all sounds brilliant. However, there is one major problem with printing money…it’s desired effect is that it creates inflation. However, it can cause hyperinflation. Furthermore, as you continue to print money the value of your currency falls and as such it can make it more difficult to compete on the international market. A prime example of where QE has gone wrong is Zimbabwe.
In my opinion, it may be necessary to use QE in order to help try and recover the economy. However, if it is used it must be used as part of a wider package of economic recovery, should be a last resort and in order to avoide a situation such as that in Zimbabwe must be kept under the microscope to ensure it does not cause further damage to our economy.
Podcasts
23 February 2009 at 19:38 | In Podcast | 1 CommentAfter my experimentation in the podcast world I have decided that they will become a regular feature of the blog. What my aim is that at somepoint during the week I will record a podcast on something that takes my fancy (it may be from the legal world or political world) and will upload it on a Sunday. Hopefully I’ll find the time to make it a weekly thing, but it might be fortnightly.
Podcast 3
22 February 2009 at 01:38 | In Civil Liberties, Human Rights, Podcast, Random | Leave a CommentRecorded this a couple of days ago, but have only just had the chance to post it here.
Lord Justice Clerk calls for review of Solicitor Advocates
19 February 2009 at 18:25 | In Criminal Justice, Legal System, Scots Law | 2 CommentsLord Gill, The Lord Justice Clerk, has called for a review of the Solicitor Advocates System.
Solicitor Advocates are solicitors who have undergone additional training and exams to gain audience in higher courts. The system was introduced in 1990 and prior to its introduction the only lawyers who had audience in the higher courts were Advocates.
Lord Gill made his remarks while delivering the courts decision on the appeal of a convicted killer relating to the quality of his defence during his 1998 trial at the High Court sitting in Glasgow.
Lord Gill said that the decision of one of the appellants legal team to be absent one day during the trial to protest over legal aid fees was “a dereliction of his duty”
Lord Gill continued:
“This appeal has highlighted problems of rights of audience that seem not to be unique to this case. I think it would be opportune if there were to be a review of the working of the system overall…I fail to see how any practitioner could be justified in absenting himself from any part of a murder trial except in an emergency.”
The Lord Justice Clerk also added that the appeal highlighted the problem of Solicitor Advocates being able to take instructions from their own firm (as Advocates are all self-employed this is not an issue for them).
The Dean of the Faculty of Advocates, Richared Keen QC, commented after the ruling saying:
“I welcome the idea that the problems outlined by the Lord Justice Clerk should be the subject of a review. The particular problem of solicitors not clearly advising clients as to the availability of counsel is a long-standing one and suggestions that they should not have to do so are extremely worrying.”
Phelps’ banned from entering UK
19 February 2009 at 17:43 | In Civil Liberties, Human Rights, Immigration Law, Legal System, Politics | Leave a CommentEarlier I posted an entry about the plans of the Westboro Baptist Church (WBC) to come to the UK tomorrow in order to protest against the putting on of The Laramie Project.
The UK Border Agency has banned Fred Phelps and his daughter, Shirley Phelps-Roper, from entering the United Kingdom. However, the Church is still encouraging its supporters to come to the UK in order to spread their message of hate.
Police in Hampshire are aware of the planned protest and are watching the situation.
The Right to Life
19 February 2009 at 12:01 | In Civil Liberties, Criminal Justice, Criminal Law, English Law, Human Rights, Legal System, Scots Law | 1 CommentDoes ones right to life extend to one’s right to chose when one’s life ends? This is a question that arises when the emotive and somewhat difficult question of assisted suicide arises.
In England and Wales aiding or abetting someone’s suicide can result in criminal prosecution and an eventual custodial sentence of up to fourteen years. There are large organisations campaigning on both sides of the fence, both with a fairly large amount of support.
The courts are asked on a semi-regular basis for their guidance and often their support in assisted suicide. The most recent case that has reached the courts is that of Debbie Purdy. Mrs Purdy was seeking the courts advice on where her husband stood legally if he travelled to Switzerland with her so that she could end her life. The court ruled that, in accordance with a precedent set in October, that Mrs Purdy’s husband could face criminal prosecution on his return to the United Kingdom.
In October High Court judges ruled that a code of practice issued by the Director of Public Prosecutions (DPP), along with the general safeguards of administrative law were adequate and satisfied Human Rights Laws. However, the DPP does not seem to be in a hurry to prosecute people on their return from Switzerland as not one of the 101 relatives who have returned to the UK after going to the Dignitas clinic in Switzerland have been prosecuted. Could this initself be enough to argue a defence?
In 2001 Diane Pretty, who suffered from motor neurons disease, failed to get immunity from prosecution for her husband if he helped her to die in the UK.
Euthanasia, or assisted suicide, is one of those tricky moral debates. Personally, I’m not entirely sure on where I stand on the whole issue. On the one-hand we allow our loved ones to die in pain and suffering, with horrible illnesses, but have our pets ‘put to sleep’ if they lose their quality of life. However, legalising Euthanasia can open it up for abuse by greedy relatives who want to get their hands on their relatives estate. Now, the law could be framed in a way to minimise this risk, but the risk would still be there and the chances of prosecution would be much lower than they currently stand (as there would be the added hurdle to get across for the prosecution in order to secure a conviction for Murder).
The argument that the right to life extends also to a right to choose when life ends is an interesting one and certainly pushing the boundaries of interpretation. The UK court have not accepted the argument and I can see their reasons for not doing so: above all accepting such an interpretation would undermine well established UK Law, and it is the job of the courts to uphold the law. However, is that a good enough reason not to accept this interpretation? The courts are there to uphold the law, but the Human Rights Act also gives them a duty to uphold that law in accordance with the Articles of the European Convention contained within the Human Rights Act. So, arguing that to rule in favour of something would undermine the law of the UK is not really as solid an argument as it first appears. However, I digress into another issue. I genuinely cannot see how the right to life, in the way the ECHR is framed, can possibly be interpreted to also mean the right to choose when one dies. The provisions in Human Rights law (not just limited to the ECHR) is there to prevent citizens having their lives taken away by the state extra-judicially (something which we have seen in the past and continue to see in some countries today). In some cases this right to life has been extended to include the abolition of capital punishment, further protecting the citizen and removing the state’s right to take a citizens life through the judicial process. The interpretation, in my view, is just not tenable and it makes perfect sense that it has not been accepted by the courts.
Westboro Baptist Church (WBC) coming to the UK
18 February 2009 at 19:42 | In Civil Liberties, Human Rights, Immigration Law, Legal System, Politics | 1 CommentFred Phelps and his merry gang of hate preachers that go by the name of the Westboro Baptist Church (WBC) are coming to the UK later this week. According to the picket schedule on their website, they will be visiting a college in Basingstoke, England where The Laramie Project is to be performed on Friday.
WBC are a notoriously extremist Christian wing in America. They hold pickets across the USA “preaching the word of God”. In the recent past they have picketed the funerals of dead homosexual American servicemen killed in action because of their sexuality.
In reality what WBC do is twist quotes from the Holy Bible in order to support their anti-gay stand. Their raison d’être is to rid the world of the evil that is homosexuality. It’s not about preaching the word of God, they just hide behind that. They are religious extremists.
Now, there are many calls to see them banned from entering the UK under hate laws (similar to those used to prevent Geert Wilders from entering last week). This situation is a tricky one. I have said before that I am a great believer in the “I may not like what you say, however, I will defend to my death your right to say it” philosophy. However, this isn’t straight forward. The WBC are coming to the country specifically to preach hate. If they were an organisation based in this country then I would say, go ahead and let them preach their hate and allow it to be opened to reasoned debate and criticism and ultimately ending up in their arguments being obliterated. Although, there is the argument that Human Rights are universal and apply to all humans and that to stop these people from entering to preach their message of hate could lead to others being banned from entering because their message is offensive to the Government. I’m not sure where I stand on this. I am leaning towards the let them in and leave with their tails between their legs position, but it is a tricky one.
Apple being sued by Scottish based compant
18 February 2009 at 01:04 | In Civil Law | Leave a CommentI was browsing Out-Law.com just before heading to bed and came across this interesting story.
It would appear that a Glasgow based company is taking on the mighty Apple Inc. in a lawsuit where it alleges Apple is infringing upon a patent it has registered in the United States.
Picsel technologies LTD is claiming that technologies used in Apple’s iPhone are ones that it developed and patented in 2001. Picsel technologies has licenced big companies such as Nokia, Sharp, Toshiba and Fujitsu to use this technology that Apple are allegedly using in their iPhone and iPod touch.
A copy of the lawsuit can be found here.
This is a very interesting story and I will be following it very closely.
Foster carer struck off after Muslim girl converts to Christianity
17 February 2009 at 23:14 | In Civil Law, English Law | 1 CommentOn the 9 February the Christian Legal Centre published this story. It tells the story of a foster carer in the North of England who was struck off because a Muslim girl in her care converted to Christianity. The council claim that the girls carer failed in her duty as a foster carer by allowing the 16 year old girl to be baptised.
The carer said that she put no pressure on the girl to convert to Christianity and even tried to find ways of discouraging the girls initial interest. The Qur’an strongly condemns the repudiation of Islam and the act is considered taboo in many Muslim communities.
The woman has said that the council were fully aware that the girl was attending church, but only objected when they learned of the fact that the girl had been baptised. The Christian Legal Centre reports that: “social services officials then advised the girl to reconsider her decision and urged her to stop attending Christian meetings, ruling last April that the girl should stay away from church for six months.”.
The Woman, who cannot be named for legal reasons, was struck of their register in November. She had been responsible for caring for over 80 children in the last ten years. The Woman, with the help of a solicitor, is seeking judicial review of the council’s decision.
The girl, now 17, is back at home with her parents and is giving her full support to her former carer.
This story is really quite ridiculous. The girl made a choice of her own to convert from Islam to Christianity. She was not forced to convert and attended a Christian Church off her own back. Her carer actively tried to discourage her interest and offered to help her find places where she could practice Islam. To me there is not much more that a foster carer can do to stop a 16 year old from making up their own mind.
I wish the carer every success with her Judicial review and hope that the court expose the council for being the idiots that they are.
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