Happy new year from London 🥳

Bye 2023. Welcome 2024.

I have bar exams on the horizon in a few months.

Good luck & happy new year bloggers – from me and my swan friend below.

BBC Comedy Wildlife Photography Awards 2023

Tom Wilkinson (1948–2023) & Richard Rampton KC (1941–2023) – RIP

Really sad to hear this news yesterday, Tom Wilkinson was a terrific actor.

One of my favourite roles of his was Lord Cornwallis in 'The Patriot': "Tavington ... Damn him! Damn that man!". He was also a really great as Benjamin Franklin in John Adams. Playing both sides of that conflict.

He was also a terrific villain in 'Batman Begins'. A great add to any movie he was in. I'll always like the fact that he went against the general advice to change his last name to something more 'marketable'. 

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Another one of my favourite was the barrister in 'Denial'.

In a v. strange twist, Richard Rampton KC has also recently passed away. Rampton represented Lipstadt and Penguin against David Irving in a libel trial in the Royal Courts of Justice. It was subsequently adapted into a film and Tom Wilkinson played Rampton. So, here's goodbye to both gentleman. 

 

From The Daily Telegraph's obituary:

Richard Rampton, KC, who has died aged 82, was widely regarded as one of the greatest defamation lawyers of his generation; a deceptively avuncular yet formidably incisive advocate, he was also a leading authority on libel law as co-author of the seminal textbook on the subject, Duncan and Neill on Defamation.

The case was seen as extremely important for Jewish communities around the world, its significance reflected in the fact that it gave rise to three separate non-fiction books and some years later a film, Denial (2016), scripted by David Hare and directed by Mike Jackson. Rampton was played by the actor Tom Wilkinson, who brilliantly captured everything from the manner in which he walked to the way in which he smoked his Gitanes cigarettes, and the forensic and authoritative manner in which he conducted himself in court – refusing for instance to look Irving in the eye in order to better “get under his skin”.

As Rampton’s son, the journalist James Rampton, wrote later: “Even the way Wilkinson opens a very agreeable bottle of red over lunch and delivers the line ‘a famous Attorney-General once told me that one becomes a much more effective advocate after a few glasses of claret’ is eerily reminiscent of him.”

Lord Walker of Gestingthorpe (1938–2023)

The former Supreme Court Justice Lord Walker has recently passed away.

Below are some interesting extracts from his obituary in the DT. 

A few years ago, I enjoyed watching his lecture on "Cause & Effect in Commercial Law" as the 25th lecture as part of the Sultan Azlan Shah Law Lectures.

For me, as a law student, some of his judgments which stand out are:

• Kernott v Jones [2011] - the beneficial entitlement of a 'family home' of an unmarried couple under constructive trust.
• Pitt v Holt [2013] - Mentioned below in the article. The issue was the jurisdiction of the court to set aside a voluntary disposition on the grounds of mistake. 
• Sempra Metals Ltd v HMRC [2007] - A v. important case in unjust enrichment. His Lordship preferred the approach (in my view, mistaken) to extend the court's equitable jurisdiction to awards of compound interest to achieve "complete restitution" thereby reversing the unjust enrichment for the principal and the interest. (Later, comprehensively overturned, by a differently constituted court in Prudential Assurance v HMRC [2018]).
• FII Group Litigation v HMRC [2012] - Among other things, whether a demand from the public authority could trigger an unjust enrichment claim under the Woolwich principle. His lordship's view was that it was about the perceived obligation to pay, rather than an implicit demand.
• BNY Corporate Trustees v Eurosail [2013] - Part of the Lehman Brothers fallout. This appeal concerned the correct test for "balance-sheet" insolvency in corporate insolvency.
• Pell Frischmann Engineering v Bow Valley Iran [2009] - Lord Walker (sitting on the Privy Council) laid down guidance on how Wrotham Park damages (or negotiated damages) should be assessed and awarded. It stands apart from later Supreme Court jurisprudence because His Lordship held that it was not a prerequisite to their being awarded for the claimant to have applied for an injunction (as per Lord Cairn's Act).
• Mobil Cerro v Petroleos [2008] - In this case, Robert Walker J waived the normal subject-matter jurisdiction (for international fraud) in the granting of freezing injunctions. It's a landmark case that expanded the jurisdiction of the court for this private international remedy.
• Highland Crusader v Deutsche Bank AG [2009] - Lord Walker (in the Court of Appeal) clarified important jurisprudence about the ambit of anti-suit injunctions following commencement of proceedings in violation of jurisdiction agreements.

The Daily Telegraph:

Lord Walker of Gestingthorpe, who has died aged 85, was an outstanding Law Lord and Justice of the Supreme Court, and previously the doyen of the Chancery Bar, second to none in the field of private client trusts and taxation work.

Called to the Bar by Lincoln’s Inn in 1960, he became a tenant at 17 Old Buildings, and soon became highly regarded as an equity barrister with a thriving estate duty practice, dealing with the implications of the Variation of Trusts Act (1958).

His advice and drafting stood out for clarity, precision and quiet persuasiveness. His advocacy displayed the same qualities, meaning that judges paid attention to his submissions in a way that they might not with more long-winded counsel. 

Walker became a Lord of Appeal in Ordinary (Law Lord) in 2002, and a Justice of the Supreme Court when it was established in 2009.

Among the appeal cases at which he presided during his final years as a judge was Pitt v Holt (2013), where his judgment restricting the scope of the ruling in the case of Hastings-Bass (which had allowed the court to set aside decisions made by trustees if the decisions had unintended consequences), so that it applied only if the trustees had committed a breach of fiduciary duty, was widely held to be a tour de force.

With his keen moral sense, astonishing mastery of detail and ability always to see the bigger picture, Walker was an exemplary judge, adept at identifying what should be the right result in each case and then finding ways of arriving at it without compromising legal principles.

He regularly surprised both judicial colleagues and counsel with his ability to master areas of the law distinct from his original field of expertise, and in numerous judgments he contributed greatly to the development of the law across all areas. Renowned for the kind welcome he gave to new members of the Supreme Court, he was also an exceptionally good advocacy teacher at Lincoln’s Inn, where he served as Treasurer in 2010.

A brief note on the Shamima Begum appeal

This is a brief note on the Shamima Begum appeal currently being heard in the Court of Appeal.

I briefly discuss the recent & notable Supreme Court judgment (which I agree with) and then turn to the present appeal. I end with some of my thoughts. When the Court of Appeal gives its ruling, I'd like to compare.

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The 2021 Supreme Court decision

The original Supreme Court decision concerned the validity of the removal of Ms Begum's citizenship when she decided to leave the UK to join Isis in Syria. There is a general rule from treaty law that you cannot make someone stateless; and, in this case, Ms Begum would not be, as a matter of fact, stateless.

The crux of the SC's reasoning is that the deprivation of British citizenship – notwithstanding the above qualification – is a classic issue of national security. In our constitution, this falls under the prerogative of Parliament and, in turn, the discretion accorded by it to its governments' ministers. Foreign policy and national security have been areas of policy where the courts have traditionally been v. reluctant (on the grounds of constitutional legitimacy and authority) to disturb the decisions of ministers. Safety of the public is a legitimate policy area to which ministers must be accorded a latitude (and to which they are answerable to Parliament).

A similar case that, I think, is useful is R (Carlile) v Secretary of State for the Home Department [2014] UKSC 60. It concerned a challenge to the decision to refuse to allow Ms Maryam Rajavi – a lady with close links to a proscribed terrorist group – to enter the UK. In that case, Lord Sumption's dictum was instructive: 

We have no experience and no material which could justify us in rejecting the Foreign Office assessment in favour of a more optimistic assessment of our own. To do so would not only usurp the proper function of the Secretary of State. It would be contrary to long established principle which this court has repeatedly and recently reaffirmed. It would step beyond the proper function of a court of review. And it would involve rejecting by far the strongest and best qualified evidence before us. In my opinion it would be a wholly inappropriate course for us to take

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The present appeal

The present appeal pivots the argument in a different direction. 

Instead of challenging what the former Home Secretary did - it challenges what he didn't do.

The argument is that Mr Javid breached a human rights obligation; namely, to determine whether Ms Begum was a victim of trafficking before stripping her of her British citizenship. Mr Javid is supposed to have investigated whether the state had failed in its duty to protect Ms Begum when she travelled to Syria in 2015. This, in turn, rendered the decision to revoke her citizenship unlawful.

The original judgment was delivered by Mr Justice Jay of the Special Immigration Appeals Commission. The most important parts of the judgment are:

1. From para. 248–261, the following two conclusions were drawn.
1. Parliament did not expressly require - as a mandatory consideration - that the Home Secretary take into account credible suspicion of trafficking.
2. The Home Secretary's power is broadly defined and its primary focuses is national security and not grooming/trafficking.
2. The court could not substitute its own view on whether Ms Begum was trafficked for the Home Secretary's view that she had travelled voluntarily into Syria to join Isis, which was integral part of the overall national security assessment.
3. The Commission did think that there was credible suspicion that Ms Begum had been trafficked.

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My thoughts

As a matter of law, I find Jay J's logic quite persuasive and I agree with him.

Firstly, Section 40 of the British Nationality Act 1981 is indeed v. broadly defined and focuses on a single test (namely: "conducive to the public good"). I have highlighted the relevant section. This is done deliberately and affords the minister a broad discretion to take account of a myriad factors in the decision-making process. It does not make trafficking a qualifying condition (which is essentially what Samantha Knights KC is trying to argue in the Court of Appeal - see article below).

Secondly, the framing of section 40 in such a way as to make deprivation of citizenship conditional on the trafficking analysis fails, as Jay J argued, to take account of "questions of fact and degree" (para. 257). Ms Begum could be, in some respects, trafficked - but, in other respects, she actively and knowingly went to Syria to join Isis. It's not a black-and-white issue, as Sir James Eadie argued. And once we make trafficking an all-or-nothing assessment; it seems to me that the approach rapidly veers away from the clear intent of Parliament in the statute. (Indeed, as established in Begum and Carlile (and Bank Mellat), not all rights have equal weight; and the executive are not necessarily required to treat all considerations to the same standard.)

Thirdly, as established in Carlile, the courts are not apt to substitute a decision made by its constitutional maker for one which the court finds preferable. The courts do not have the contingent expertise to enable the required assessment of risks vis-a-vis national security and public safety. Upon on what basis can the court rule that the Mr Javid came to the wrong decision?

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From today's paper:

Planet Earth III, BBC 1 – amazing nature documentary

One of my favourite hobbies (especially when I am not feeling well) is to watch nature documentaries.

On Sunday, I watched David Attenborough's latest installation of his breathtaking nature series 'Planet Earth'. This first episode was on coasts.

The wildlife photography is incredible. As Attenborough explained, Planet Earth III focuses – not merely on nature's majesty but – on how it has adapted to the world because of human activity.

It's full of dazzling Hollywood-style visuals, with overhead shots of beautiful flapping flamingos and their hatchlings that struggle to survive in the freezing rains. 

Highly recommended.

9/10.

Below are some amazing print-screens I took while watching.  Enjoy.

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Hungry lions on Namibia's Skeleton Coast (hunting birds at night)

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Caribbean flamingos living in Mexico (and the fragile lives of their young)

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Seals chasing a Great White away

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A young Attenborough visiting Raine Island when he was 31

The moral absurdity of the pro-Palestinian protests (supporting Hamas)

There have been thousands of people in ‘pro-Palestinian protests’ in London this weekend. 

According to the BBC: 

The demonstration was organised by several groups who are calling on the British and Welsh governments to insist on an immediate ceasefire in Gaza and for “full humanitarian aid” to be sent in.
Maggie Morgan, from the Palestinian Solidarity Campaign Cardiff, said: “We are taking to the streets as a show of solidarity to the people of Gaza, to show our support for them, but also to make the government listen, and say "not in our name, we’re not having this.”

I am writing this post as a brief riposte to the protest’s underlying arguments. These so-called “pro-Palestinian” protests are ultimately, in reality, misguided (or deliberate) support for Hamas.

For me, I have been v. shocked & disturbed by the British reaction to the horrific massacres in Israel. I have already written about my anxiety with the general tone of equivocation against calling the Hamas attack on 7th October as ‘terrorism’; and the media bias - made obvious at the al-Ahli hospital. With regards to these protests, I think a huge part of them is driven by a nasty latent antisemitism. To me, I can’t think of another serious explanation. It’s shocking to me how so many people can take to the streets to criticize Israel – and yet nothing to say about what Hamas has done. The actions of Hamas were equivalent to the SS Einsatzgruppen - children thrown on a pile and set on fire; and kids chased with machine guns at a concert!

Of course scenes of civilian suffering in Gaza is distressing. They rightly deserve our sympathy; and, as I wrote in an earlier post, it behoves Israel to conduct its warfare in line with the rules of war. However, we should not blind ourselves to the underlying reality. 

My two overarching arguments; firstly, Israel can no longer tolerate such a potent threat on its border. Its primordial obligation is to protect its own Jewish and Israeli population, perhaps even more than any other state on Earth (the Holocaust still within living memory). Secondly, it is the deranged leaders of Hamas that have wrought this destruction and death to Gazans. 

With that in mind, I should like to rebut the following arguments: 

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Argument 1: “show of solidarity to the people of Gaza”

    The people of Gaza are being hurt by Hamas

1. Hamas is sponsored by the Ayatollah of Iran. It is not an expression of Palestinian self-determination. The regime’s oppression can be seen in the many Iranian women who are currently risking their lives to defy that regime’s Orwellian oppression.
2. The endless stream of footage of human suffering from within Gaza is part of its propaganda machine. This is done to inflame and multiply its legion of useful idiots in Western democracies. Every death is a valuable contribution to its cynical war effort.
3. The Geneva Convention draws a distinction between military officers and non-combatants who don’t wear a uniform. The rules of war have always respected the need for military combatants to be properly identified in order to protect the civilian populations. As such, soldiers caught wearing the enemy uniform - if caught by enemy forces - can be subject to execution. This happened in the Battle of the Bulge when German officers attempted to infiltrate Allied lines by dressing up as US Army officers. Because Hamas ignores this rule, it deliberately puts the Gazan citizenry - not only at risk, but in the direct line of Israeli force.
4. Hamas leader, Ismail Haniyeh, and his children are living in wealth and luxury in Qatar.
5. This week Hamas blocked civilians from fleeing the zone of conflict - as part of its multifaceted practice of using human shields.

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Argument 2: “full humanitarian aid should be sent in”

1. The BBC - and various media - have discussed Israel’s cutting off the water, electricity, gas, food and medicine to Gaza; but scarcely mention that Israel has constantly maintained that it would reinstate all supply lines – if Hamas frees the Israeli hostages.
2. For Hamas, keeping the 210 kidnapped hostages is more important than the well-being of ‘its’ own people.

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Argument 3: “Israel as an occupier”

Israel is not an occupier by choice – it is being blamed for defending itself.

Since its birth in 1948, its Arab neighbours have sought to destroy it. Israel has prevailed and acquired - with each war - territory to administer. Following Israeli withdrawal, as in Gaza in 2005, it was attacked with rockets by terrorists who are committed to its destruction and (as we recently saw) the butchering of Israeli citizens. When Israel offered 94% of the West Bank to the PLO, as a separate state; Yasser Arafat declined it. Today, it is again being blamed for defending itself. It was soon after Israel’s withdrawal from Gaza that the Palestinians elected Hamas.

Without the Iron-dome defence system, Hamas’s shower of rockets of 7th October would have levelled Israel. Its enemies seriously mean its destruction. Israel cannot entertain any ceasefire with these terrorists (and their Iranian offshoot sister organizations) - it’s security demands that they be rooted out.

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According to the police, since the pogrom of the 7th, there has been an enormous rise in antisemitic incidents in England compared to previous years.

If you’re a Brit - please consider signing The October Declaration (britishfriendsofisrael.org) to show support for our Jewish friends in England.

Sir Nicholas Stadlen (1950–2023)

A few weeks back, I came across an obituary in the paper for Sir Nicholas Stadlen which really amazed me. (Can be read on Daily Telegraph).

He was a v. successful barrister and High Court judge; but he also had an extraordinary formative stint in the United States. He was around when Martin Luther King was assassinated and also worked for Senator McCarthy. 

I especially enjoyed reading about his advocacy at the Bar. I had already heard of the late Gordon Pollock QC (from two different barristers) and he seemed like another amazing personality at the Bar.

He was called to the Bar by Inner Temple in 1976 and obtained a tenancy in Tom Bingham’s chambers at Fountain Court, the leading commercial set previously headed by Leslie Scarman and Melford Stevenson. Stadlen’s pupil master there was Denis Henry, later a Court of Appeal judge.

Stadlen took Silk in 1991, and seven years later featured in a newspaper list of QCs reported to have earned more than £1 million gross during the previous year.

For his junior counsel, it could be arduous getting him ready for court as he liked to leave no stone unturned. Several days might be spent over a single paragraph in a skeleton argument. However, his team relished the moment they unleashed him on the court, and – even more so – on the other side. Stadlen was at his best when he departed from any prepared script and went into free flow, often in response to a question from the judge. His unchained advocacy was a sight to behold and, with his wonderfully mellifluous speaking voice, mesmerising to listen to. 

Nick Stadlen’s keen intellect and sense of justice were allied to immense powers of concentration and a seemingly inexhaustible capacity for case preparation, the often chaotic state of his room belying his complete mastery of any brief by the time it came to court, affording him apparent foresight of every conceivable counter-argument to his submissions and enabling him to perform fearlessly and persuasively on his feet with barely a glance at his papers.

His advocacy was never more thorough and effective than during his 119-day marathon speech in 2004/05 at the Royal Courts of Justice, opening the case for the defence on behalf of the Bank of England against a compensation claim brought by the liquidators of the collapsed bank BCCI.

It was the longest speech in British legal history, easily beating the previous record set by his opponent in the same case, Gordon Pollock QC, who had spent 79 days setting out the case of the liquidators.

When Pollock eventually concluded his opening remarks, Stadlen rose to his feet in July 2004 to address the bench: “After six months,” he began, “the empire strikes back.”

During Pollock’s opening, there had been a real sense that the Bank of England and 22 of its employees might be in trouble, but by the time Stadlen finished his epic reply in May 2005, the dismissal of BCCI’s claim seemed inevitable.

After the plaintiffs eventually conceded defeat that December, the judge Mr Justice Tomlinson rebuked their counsel for his “sustained rudeness” during the case to Stadlen, to whom, by contrast, he paid abundant tribute: “Your address to me was a tour de force, if I may say so, and no doubt it is something for which your clients are deeply grateful, but I am deeply grateful to you for your very great assistance given to me throughout this case.” The judge subsequently granted Stadlen a £100 million costs order.

I also found a YouTube video of Sir Stadlen discussing Nelson Mandela and the anti-apartheid movement.

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Review: The Nun II – a great horror flick

Earlier this week, I watched ‘The Nun II’ at the cinema (which wasn’t cheap even with student discount).

It was really very good.

The film is based on 1950s France and involves a demon trying to return to power and terrorising the students and staff of a school. Called into action by the Catholic Church is Sister Irene goes to defeated Valek. It is both mystery and horror. I have to say the terror in the opening scene was shocking and set an ominous tone to the film. I strapped myself in. 

The film was v. visually atmospheric with a wonderful wardrobe, an oak-barrel winery, motorcars, visceral horror elements and creepy noises - especially the scene with the newsstand in a dark cobbled alleyway. Very stylish, perhaps more so than horror.

The acting and casting was impressive. The characters’ chemistry and connection were really examined in this film. Horror films sometimes prioritize scare scenes and creepy/eerie atmosphere over an emotional depth to the film. I especially liked how the subtle and unforced the romantic subplot was developed and their obvious chemistry among the protagonists.

I wish the film wouldn’t turned the Church and theology into a Marvel movie though. The fact is that a nun cannot really be an exorcist. Catholic priests have the authority which a Bishop has to sanction. St. Catherine of Siena was known to have exorcised demons. That would put Sister Irene on par with a Saint! Also, it is unclear why the demon has to hunt for a relic to obtain its ‘powers’. That backstory is never fully explained despite serving as the fulcrum to the film’s entire story-line. And it was clever to have the demon defeated through the eucharist; but those barrels of wine were a bit silly.

Something else that doesn’t sit well with me is how ‘The Nun II’ veers into adventure-action type of horror (rather like Tom Cruise’s ‘The Mummy’). It is strange that a demonic entity has to be give chase, fight and seems to be foiled by hiding under a table - but, at elsewhere in the film, can snap a girl’s neck with a flick of her hand.

Overall, it is a v. enjoyable and scary film. Totally recommend.

7/10.

The growing antisemitism following Hamas conflict on October 7

I've been a v. alarmed at the levels of Israelophobia and antisemitism on display in the UK following October 7. I am worried for conflict in Britain's communities, and I'm v. disturbed at the nasty recrudescence of mobs and hatreds.

This post is a few things that have stood out over the past week or so. 

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1. Last week, the BBC declined to call the unspeakable acts of barbarism and evil on some 1400 Israeli citizens (and other nationals) as a "terror attack", or those who perpetrated it as "terrorists". John Simpson has defended the broadcasters policy going back to WW2 and their disinclination to refer to the Nazis as evil or wicked etc. Fair point, but I think certain words - like terrorism - really should retain their force to describe certain events. People can be convicted on terrorism offences, and Hamas is proscribed as a terrorist organisation. This terrorism is being funded by Iran and its antisemitic proxies; and has nothing to do with Palestinians. The BBC should speak plainly.

There is an excellent article by Vernon Bogdanor about Hamas being a group dedicated to killing Jews:

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2. There was an interesting article on the eruption of Jewish-Israeli-hatreds across the world (especially in England) when they're at their lowest by Madeline Grant. Including the Sydney Opera House, and their embassies. From the BBC, the pulling down of the flag of Israel days after it was raised above Sheffield town hall in solidarity with the massacred victims of Hamas, is symptomatic of this boiling culture.

Mob brown-shirts have been in our streets apparently support of the pogrom against Jewish people. A stark contrast to dignity Jewish street vigils.

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3. Some double standards on the Western response to Israel's actions.

People have been talking about the appalling devastation in Gaza and the suffering of the civilian population - but not about Hamas safely in their tunnels etc. Journalists have been frequently claiming that Israel's reaction to Hamas's terrorist attack is disproportionate. But, who cares to explain what is the 'proportionate response' to a savage enemy that hides behind the civilian population and whose sole aim is to destroy Israel and butcher its citizens. Then, there was that outrageous letter from the jokers at the "Artists for Palestine UK" (incl. Steve Coogan, Charles Dance, and Tilda Swinton) calling for Gaza ceasefire but failed to mention the terror attacks.

While our Prime Minister has taken a strong and balanced stance on the war; it is interesting to have seen the anti-Israel bias in the media this week. When that rocket hit a hospital car park in Gaza, everyone jumped on the bandwagon and it was quickly reported by some of our big media - incl. Reuters & BBC - as being caused by the IDF. Many were only too willing to believe. Within 24 hours it was obvious that the faulty rocket had been fired by the terrorist within Gaza. (Some 450 rockets, aimed at Israelis, have landed short and fallen into Gaza, since war broke according to the IDF. As Bogdanor wrote above, Hamas is the enemy of the Palestinians themselves). The problem? Passions - already red hot - become inflamed. People don't notice the corrections and the original headlines morphs a destructive fiction.

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Update 23.10.2023 – There has been an excellent column in this week's Sunday Telegraph examining the BBC's moral quandary by Mr Danny Cohen. With regards to the awful reportage on the Al-Ahli Hospital and the unwillingness to properly define the pogrom of Oct 7th ... he has diagnosed this malady as an anti-Jewish sentiment within our institutions:

On multiple platforms the BBC had blamed Israel before the facts were known and other media organisations picked up their line. Across the world people believed Israel was responsible for the bombing of a hospital. More anti-Semitic violence and anger followed, from riots in several cities in the Middle East to the cancellation of a series of crucial diplomatic meetings with Arab leaders that had been planned by US President Biden.

The thing is mistakes happen once, maybe twice. When they happen multiple times they are not mistakes. They are institutional fault lines which reveal bias and deep-rooted prejudice. And this takes us to the heart of the issue. Again and again, the BBC seems to have a problem when it comes to the Jewish State and by extension the Jewish community. The organisation has form. 

The BBC must therefore urgently ask itself the following questions. What are the institutional biases which mean that this keeps happening? What is it about its reporting which consistently leads to these failures? Is it prepared to undertake the challenging level of self-examination required to really get to grips with the anti-Israel bias that has existed at the BBC for far too long?

[...]

Since Hamas attacked Israel just a few days ago Jewish schoolchildren in the UK have been advised to hide any signs of their religion on the way to school. Antisemitic incidents in the UK have increased by over 1300%.

It is a terrible indictment that our national broadcaster is only making this problem worse.

Lady Justice Simler, the Supreme Court and diversity

Lady Justice Simler has been appointed to the Supreme Court.

It was accompanied, as the FT has written, by a complaint of sorts from the Supreme Court about its diversity:

The Supreme Court acknowledged criticisms over the UK judiciary’s record on diversity as it announced Simler’s appointment. She is only the fifth female justice appointed since the UK’s top court was set up in its current form in 2009.
"We know that certain people, including women, black, Asian, and other ethnic minority groups, and disabled lawyers continue to be under-represented in the judiciary," the Supreme Court said.
"Progress is being made but more needs to be done to increase the pace of change," it added.

I think this is misguided for the following reasons:

1. Appointment to the Supreme Court is not a normal job - like an airline pilot etc. It is an extremely influential job and there is a v. limited pool of candidates because you need to have been an outstanding practitioner for 25+ years. You cannot call up some recruitment firm to send over some diverse candidates to virtue signal to the present cultural zeitgeist.
2. Our House of Lords/Supreme Court has, until recently, come from people born no later than 1962. The youngest Justice is Lord Sales. During that historical period, the population of England/Wales/Scotland has been almost unanimously white. Thus, it is no surprise that the Law Lords and Justices have thus been unanimously white. Also, no surprise that men - from that era - were more willing than women to diminish their family and social lives for career success.
3. Women were excluded in the past in the law and things changed as the decades rolled. Women today can compete on an equal footing with men. Lady Hale, Lady Arden, Lady Black and Lady Rose all attest to this. Should a female judge from the Court of Appeal apply for a Supreme Court position, their application would be treated fairly today. As I mentioned above, there can be no discrimination at the JAC. The Supreme Court's own site highlights that appointment is on merit.
4. A selection criteria focused on 'diversity' is illegal under The Equality Act 2010. I also think immoral. Diversity has no relevance to merit.
5. Lastly, we don't want to be in a situation where, as an example, a black woman sitting on the Supreme Court might ask herself "Am I here on merit, or am I here to fill a quota?".

More Impressionism and Post-Impressionism at the National Gallery

This post is about some of the changes, rotations, loans and new acquisitions to rooms 43 and 44 at the National Gallery. 

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The Petit Bras of the Seine by Claude Monet

Lovely.

I think there is something quite special and striking about poplars against a solemn landscape and calm riverbank. 

This is not the first time Monet has captured Poplars.

I really love the way the river gently curves towards the empty horizon.

It's interesting just how delicately and lightly the branches have been painted against the autumnal hues.

I do like these two figures. One kneeling with his bowler hat on perhaps?

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Eva Gonzales by Edouard Manet

This the painter Eva Gonzales. She was Manet's model and then his student.

She has those lovely rich curls, her marble complexion, engaging features; but that elegant satin gossamery dress is just so beautiful. I'm always amazed at how artists - like Manet - can make the folds of a dress look so delicate, like the feathers of a dove.

I also noticed those flowers on the floor. It's probably form the vase she's observing in the painting.

It's amazing how pretty and engaging this painting within a painting is.

Those gentle white brushstrokes create a wonderful feather-like texture for the dress (which would be totally unsuitable for oil painting).

I noticed the crafty Manet signed and dated this painting ('1878') at the exposed edge of a parchment.

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Portrait of Elena Carafa by Edgar Degas

I like the pose, and the direct gaze.

Elena Carafa was Degas' cousin from Italy.

I do like the inclined angle towards the viewer, her nose is rather cute, and those keen and perceptive eyes. Her general face is a bit inscrutable though. It's as though we've interrupted her reading.

It's also nice the way her shawl melts into her black dress.

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Portrait of Carolus-Duran by Manet  - On loan

This is Manet's fellow artist Carolus-Duran. He reminds me of TinTin, which makes me smile.

Cap-off, hand-on-waist, riding boots, the confident swagger, slight hint of a contented smile, thick wavy hair ... it has the feel of those great stately portraiture. 

I think this painting is unfinished. 

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Portrait of Paul Cezanne by Pissaro - On Loan

Cezanne is painted pensive; perhaps with a touch of wistfulness?

I do like the scruffiness of his beard and that enormous overcoat and lovely hat. 

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Ballet Dancers by Degas

Degas' ballet dancers is just so beautiful.

If someone described a Degas painting to you, you'd picture some treacly cliche over a kitchen's table in a typical lovely Auntie's house. Instead, in Degas, there is an expressive force and weight to the figures matched by the grace and fluency of their interactions . 

The vibrancy of his colours is also very striking and distinctive. It has, I think, a darker palette.

I love the way we can feel the texture of the canvas beneath ... that coarseness.

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Lake Keitele by Akseli Gallen-Kallela - 1905

This is quite interesting.

Akseli Gallen-Kallela was a Finnish artist, and here he painted Lake Keitele.

There is something mystical and ethereal about this painting. Those ridiculously long shadows of the island in the water, the untrammelled waters, the silvery streaks crisscrossing and dissecting the painting.

It's also hard to tell what those white forms are across the water, perhaps some clouds but they doesn't seem correspond. Perhaps something symbolic?

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The Kien Valley with the Bluemlisalp massif by  Ferdinand Hodler - New Acquisition

Love it.

Reminds me of Gauguin and we can see the Japanese wood-prints influence.  But I'm not sure what I think of this.

Its clear Hodler's imbuing the landscape with emotion and a striking colour (which is v. effective). The Alps are rendered a commanding and meditative force. Quite beautiful. 

Life is made cartoon-like and ornamental in the sea of yellow.

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In the Bibemus Quarry by Cézanne - New loan

So beautiful.

This is supposed to be a quarry but Cezanne almost gives us the inside of a flower. The quarry walls being petals opening up.

I love the way the brown-orangey-rust colours melt as rock layers in an escarpment.

I do love the human figure, with his hat on, and coat on shoulder ... striding forth.

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Woman in the Garden by Henri de Toulouse-Lautrec

I like it.

It reminds me of Toulouse-Lautrec's painting of Tristan Bernard.

Nice brushwork that creates texture for the lady's clothes and the green foliage. 

I also like the nose and lips on the young woman's profile.

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La Terrasse at Vasouy, The Lunch - Edouard Vuillard - Part 1

Vuillard gives us a wonderful summer fete.

This is supposed to be his friends eating outside with Paris literary and artistic circles.

Vuillard's colours are incredible - so raw and yet so harmonious. 

It doesn't feel like this was painted on a canvass ... more like a slab of concrete!

We can really appreciate his wonderful impasto. 

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La Terrasse at Vasouy, The Lunch - Edouard Vuillard - Part 2

Just beautiful. 

This painting was originally part of a single decorative panel (with the above painting).

Two little sweethearts being tended by a nurse in such a summery garden. I love the nurse's hat; and those clouds have an amazing billowing texture and hue.

Some more impasto shots.

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Still Life with Water Jug by Cezanne - On loan

Another classic Cezanne - but unfinished.

Depicting a blue water jug and a plate with apples. The way the apples meld into and with the surfaces!

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Avenue at Chantilly by Cezanne

I really do like these type of Cezanne paintings. It doesn't feel like these is much on the canvass; but a lot is carried here.

Interesting use of space and perspective. Looks like two openings. One to the clouds and the other to the red sphere (a sun?). I like interplay of the greeny foliage against the shadowy floor and the orange sandy middle.

It's very beautiful. 

Cezanne spent a few months in the north of France, around Chantilly. 

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Harvest: Le Pouldu by Gauguin - On loan

Interesting. 

The thing about Gauguin is that the landscape and characters obey a simplified geometry and form; against which is defined blocks of basic colours. For instance, the sea (in the background) doesn't really seem to obey the conventions of linear perspective. It feels a bit strange, curtain-like.

I often feel that there is an undertone of darkness in Gauguin's paintings. Some kind of struggle which he seeks to capture. For instance, I didn't really warm to 'The Wave' and 'Nevermore' (which I discussed at the 'After Impressionism' exhibition at the National Gallery). Though they are masterful.

For me, there is a subdued warmth in the colours - especially in the harvest - which accentuates this peasant community's toil.

That poor lady's bearing.

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Fruit Dish, Bottle and Violin by Picasso - 1914

A nice analytic drawing that cuts across structure and viewpoint.

I like Picasso's encouragement, to us, to look at life through his unique lenses; but but I sometimes struggle to understand what Picasso is trying to teach us here about his perspective on life. Picasso didn't see his furniture, bowls of fruit, bottle, violin in collapsed or cubist sharp lines and edges. 

For me, when I see this kind of painting, I think its a clever illusion.  Picasso is a visionary master of technical skill, but it's hit-and-miss with me and Picasso. Sometimes I really like his paintings; but other time I struggle to see him communicate something profound.

But hey-ho. We're all different.