Frederick Wilmot-Smith

Frederick Wilmot-Smith’s first book, Equal Justice, is published by Harvard.

Necessity or Ideology? Legal Aid

Frederick Wilmot-Smith, 6 November 2014

In the 12th and 13th centuries, judges would be sent out from Westminster every seven years to adjudicate on any disputes that had come about since their last sojourn. In 1292, in Shropshire, Alice Knotte complained that Thomas Champeneys ‘detaineth from her seven shillings in money and a surcoat of the value of three shillings’. ‘Alice can get no justice at all,’ she protested, ‘seeing that she is poor and that this Thomas is rich.’ She implored the judge: ‘I have none to help me save God and you.’ Alice then might be Alice today. What should she do? She cannot simply take the seven shillings from Thomas.  Not only does the law forbid it, Thomas’s wealth means he probably has the power to take it back.

Court Cuts

Frederick Wilmot-Smith, 30 July 2015

In his first speech as lord chancellor, Michael Gove warned of a ‘dangerous inequality’ in the justice system. There was, he said, a ‘gold standard’ for the wealthy and a ‘creaking, outdated system’ for everyone else. This, from a minister in a government that has made enormous cuts to legal aid, is a little like Orestes asking for mercy on account of his being an orphan. Even so, his diagnosis is correct. What should be done?

Blame Robert Maxwell: How Public Inquiries Go Wrong

Frederick Wilmot-Smith, 17 March 2016

On 15 June 2009, Gordon Brown announced an inquiry into the Iraq war – to investigate, as Sir John Chilcot, the inquiry’s chairman, put it, ‘the UK’s involvement in Iraq, including the way decisions were made and actions taken, to establish, as accurately as possible, what happened and to identify the lessons that can be learned.’ Although oral hearings finished in early 2011, the inquiry won’t report until the middle of this year...

Who speaks for the state? Brexit in Court

Frederick Wilmot-Smith, 1 December 2016

What is the proper distribution of power between Parliament and the executive? It’s a question raised by the recent High Court decision in Miller v. The Secretary of State for Exiting the European Union. Under Article 50 of the Lisbon Treaty, a member state must ‘notify the European Council of its intention’ to leave, commencing a two-year period of negotiations on the terms of its withdrawal. But who has the power to speak for the state?

Short Cuts: Environmental Law

Frederick Wilmot-Smith, 8 February 2018

The oceans​ are awash with plastic. According to one study from 2015, 90 per cent of seabirds have it in their gut. Another study indicates that a third of the fish caught in UK waters have it in theirs. Unless something changes, it is estimated that by 2050 there will be a greater weight of plastic in the seas than fish. The secretary of state for the environment, Michael Gove, watching

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