4th May 2016
Osiyo (Cherokee)

The Approved Judgment for the ADR hearing is now available for those who fancy a read, essentially a transcript of what was said as the judgment was handed down.  Justice Mitting's comments on the second ground don't really make sense to me but he has said some things including listing factors which 'powerfully suggest' the ADR rule is not reasonable.  I am hoping to get a note of sorts from our lawyers, to be used in conjunction with this judgment for those appealing an ADR refusal at First Tier Tribunal. Will share when I can.

A few of you have asked what the next steps are.  We have 21 days to file more papers for the Court of Appeal, see what happens on costs (I'll be in touch once we know how much we need) and then if all goes smoothly, wait for the hearing date.

On #MMcase, still now news on when the Supreme Court will hand down its judgment.  Please do not believe the rumour mills.  I've heard everything from being told by a member that a barrister (not one involved on the case) told him with certainty it was going to be 'tomorrow' on 19th April (hah!) and another barrister (also not involved in the case) telling me they've heard it's going to be July.  The truth is, they, like me, don't know.  I expect even the barristers involved in the case do not yet know.  I do however hope it is no later than 29th July, as otherwise it's a long wait till the court is back from summer break in October. 

In the meantime, some local council elections are tomorrow as is the Mayor of London election.  The latter has two main candidates from very different backgrounds - Eton vs comprehensive school; millionaire dad vs  bus driver dad; mansion vs council house.  Both now MPs, both now standing for Mayor of London. A question I'd like to ask Tory MP Alan Duncan  - which of the two would be classed as the higher achiever? 
Peter Mandelson writes on why the Brexit campaign is so obsessed with immigration - it's all they have. 

With Leicester City having won the Premier League, a reminder that without free movement our football teams wouldn't quite be as world-class as they are.

A tongue in cheek post about emigration and the British imperialist attitude some still have.  

The edit at the end had me laughing out loud.  A super cool response to the xenophobic idiots who are the very target of the post.

Well, a slight twist of it.  A member emailed me recently about how her daughter and grandson have left the UK because of the immigration rules.  The email isn't long and there's nothing in there that is 'news' to any of us.  

However, the proud grandmother comes through, the worry about where her family have moved to, and the feeling of being betrayal behind why the family did move.

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When you have people so desperate for food that stealing is the only alternative to starving, we must accept this is a failing of society.  Hence this feel-good story - not immigration related - which has renewed my faith in humanity, decency and the judicial system. 

The background to this case is a homeless man intending to steal food to stave off hunger. Italian courts have ruled that in such situations, stealing small amounts of food is not a crime.   As an Italian newspaper put it, the judgment proclaims 'the right to survival prevails over property'.

The value of the food was £3, yet this case went through three Italian courts - the lack of proportionality in the response reminds me of British convicts being shipped to Australia for stealing bread.

While I don't give cash to homeless people (I worry about how it will be used), I try and give food.  I am so ashamed of myself when my paltry offering is taken with both hands outstretched.  I request to you do what you can - be it leftovers or some bread (supermarkets often heavily discount this near closing time) or warm soup from a take-away shop.  Anything you'd be willing to eat yourself.  I promise you'll feel really good about yourself and it's a wonderful thing to teach kids too.  

Homelessness is a situation none of us think we will ever be in, but I bet neither did the people now on the streets.


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