My Lords, perhaps I may intervene before the noble Lord, Lord Kingsland, speaks. I have one or two random points to make in regard to jury trial and the present situation. First, it would be totally unrealistic if we did not recognise that there was a perception among the minorities that one obtained...

My Lords, perhaps I may intervene before the noble Lord, Lord Kingsland, speaks. I have one or two random points to make in regard to jury trial and the present situation. First, it would be totally unrealistic if we did not recognise that there was a perception among the minorities that one obtained...

My Lords, I respectfully seek to support what the noble Lord, Lord Goodhart, has said—which is in forensic terms, ““If it ain’t broke, don’t fix it””. The statute is in wholly permissive language:"““A court considering a claim in negligence may””," not ““must””. Nothing has been made mandatory in the amendment and therefore...

My Lords, I respectfully seek to support what the noble Lord, Lord Goodhart, has said—which is in forensic terms, ““If it ain’t broke, don’t fix it””. The statute is in wholly permissive language:"““A court considering a claim in negligence may””," not ““must””. Nothing has been made mandatory in the amendment and therefore...

moved Amendment No. 1:"Page 2, line 31, at beginning insert ““if the individual so chooses,””" The noble and learned Lord said: My Lords, I do not claim paternity of this short, simple and important amendment; I concede that honour to the noble Lord, Lord Bassam of Brighton. The limited function to which I am entitled to limited...

moved Amendment No. 1:"Page 2, line 31, at beginning insert ““if the individual so chooses,””" The noble and learned Lord said: My Lords, I do not claim paternity of this short, simple and important amendment; I concede that honour to the noble Lord, Lord Bassam of Brighton. The limited function to which I am entitled to limited...

My Lords, until the noble Lord, Lord Phillips of Sudbury, intervened, I thought he was a friend of mine. If he were really interested in how I obtained my sobriquet, he would have asked me that in private. I never have any secrets from the House. There is a certain sweetness about this which...

My Lords, until the noble Lord, Lord Phillips of Sudbury, intervened, I thought he was a friend of mine. If he were really interested in how I obtained my sobriquet, he would have asked me that in private. I never have any secrets from the House. There is a certain sweetness about this which...

My Lords, I strongly support the principle, which has just been elegantly announced.

My Lords, I strongly support the principle, which has just been elegantly announced.

My Lords, the Minister accepted that this might relate to perception. Is it not the Government’s view that that can be vital—hence the decision to move the entirety of the Lords of Appeal out of this House?

My Lords, the Minister accepted that this might relate to perception. Is it not the Government’s view that that can be vital—hence the decision to move the entirety of the Lords of Appeal out of this House?

My Lords, I apologise for interrupting the noble Baroness, but I do not understand why the second stage should prevent one learning from experience. One of the advantages of doing it in two stages is that you have the opportunity to learn from experience. Yet what the noble Baroness is proposing is...

My Lords, I apologise for interrupting the noble Baroness, but I do not understand why the second stage should prevent one learning from experience. One of the advantages of doing it in two stages is that you have the opportunity to learn from experience. Yet what the noble Baroness is proposing is...

My Lords, I agree that subsection (3) must clearly go, for the reasons which have been fully explained. However, I also agree with the noble Lord, Lord Kingsland, that this is no matter of principle but one of drafting. I would strongly support his proposals in Amendment No. 9, as...

My Lords, I agree that subsection (3) must clearly go, for the reasons which have been fully explained. However, I also agree with the noble Lord, Lord Kingsland, that this is no matter of principle but one of drafting. I would strongly support his proposals in Amendment No. 9, as...

My Lords—

My Lords—

I support what has just been said. Unless there is a suggestion that the burden could be treated as evidential, a sizeable burden has been placed on the defence. It would be quite contrary in cases of this kind for the defence to shoulder entirely new burdens. The evidential approach gets...

I support what has just been said. Unless there is a suggestion that the burden could be treated as evidential, a sizeable burden has been placed on the defence. It would be quite contrary in cases of this kind for the defence to shoulder entirely new burdens. The evidential approach gets...

I still have not understood the position. Perhaps I may give a well known example. One of my brother judges, Lord Justice Purchas, was always known as Bob Purchas, although his proper name was Francis Purchas. He is no longer with us so there is a certain academic influence in my question,...

I still have not understood the position. Perhaps I may give a well known example. One of my brother judges, Lord Justice Purchas, was always known as Bob Purchas, although his proper name was Francis Purchas. He is no longer with us so there is a certain academic influence in my question,...