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Paul Chambers appeal on 27 June 2012

The TwitterJokeTrial appeal may be heard by Britain’s most senior judge.

By David Allen Green Published 01 June 2012 13:50

The Royal Courts of Justice, London. Photo: Getty Images

The fresh appeal of Paul Chambers before a specially constituted three-judge High Court will now be on 27 June 2012.

It is understood that the appeal may be presided over by the Lord Chief Justice, Lord Judge. In 2010 Lord Judge presided over the Court of Appeal when Simon Singh won his appeal against the British Chiropractic Association.

This new appeal hearing is required because a two-judge court could not agree a decision following the appeal hearing on 8 February 2012. (See also the INFORRM medial law blog.)

Paul Chambers will be represented by barristers John Cooper QC and Sarah Przybylska, and I am acting as solicitor.

Article 19, the international free speech organisation, may also be applying to make written submissions at the appeal as a third party intervener.

There is a support fund for legal fees of barristers and the many other expenses of Chambers in fighting the case.

David Allen Green is the New Statesman’s legal correspondent and is acting for Paul Chambers in the appeal. His legal work for Paul Chambers is being funded separately from the support fund.

Tags: twitter

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6 comments

Tue, 2012-07-10 09:59 — Frank Lacourte (not verified)

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Mon, 2012-06-04 16:17 — imuj (not verified)

this appeal should be listing
LSIL

Fri, 2012-06-01 14:37 — Tony Lloyd (not verified)

The original appeal judge did not find that Paul had sent a menacing tweet.

She said that she did, but this was merely mis-reporting her findings. If she had said that Paul had committed murder because "Minder" no longer runs on TV we would have no difficulty in determining that she had not found that Paul had committed murder: she ha found that "Minder" no longer ran on TV and called that "Paul committing murder". This is an error in law: "Minder" no longer running on TV is not "Paul committing murder".

The appeal judge found (taken from her judgement) that it was possible that someone could be menaced by the tweet. This is not "menacing", "menacing" requires (taken from the case she quoted) "having the tendency to menance", which she did not find, and not "having a possibility to menace".

The appeal judge found that it had the possibility of menace and mis-interpreted the law in taking that to be "menacing".