Three things we have learned from the Huhne and Pryce Trial

What is significant about these two convictions for perverting the course of justice, asks David Allen Green.

"Marital coercion" has no place in a modern criminal justice system

In 1925, Parliament abolished the old common law rule that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband. However, it was replaced with a statutory defence that "on a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband".

This defence was not open to husbands coerced by wives, or to unmarried women (still less to anyone in a civil partnership). Lawyers even disagreed on whether the burden of proof for invoking this defence was on the defence or the onus was on the prosecution to disprove. In this trial, the judge ruled that the onus was on the prosecution to disprove. But the wider issue remains: should this (undoubtedly discriminatory) defence even exist at all, when there is also a general (but less generous) defence of duress in English criminal law.

Juries should be allowed to ask basic questions

The jury in the first Pryce trial asked some fairly basic questions of the judge. Some pundits responded to this with ridicule. However, the defence of "maritial coercion" was not straightforward in either legal or evidential terms, and the jury was right to ask questions. After all, a jury asking questions is a sign of a legal system working.

Newspaper exclusives do not come easily

The publication of the email and other correspondence between Vicky Pryce on one hand and the Sunday Times and Mail on Sunday on the other will be a significant boon for students of media law and journalistic practice for a long time to come. Not only do we see an experienced journalist Isabel Oakeshott patiently negotiating with a changeable and sometimes manipulative source, we also see how newspapers offer legal guarantees and other comfort at each stage in tryng to get a story to publication. The whole correspondence should now be required reading for anyone wanting to understand where newspaper exclusives actually come from. Whether this correspondence should ever have been put before a court and enter the public domain will also now be an issue for media ethics debates.

David Allen Green is legal correspondent of the New Statesman.

Vicky Pryce. Photograph: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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In your 30s? You missed out on £26,000 and you're not even protesting

The 1980s kids seem resigned to their fate - for now. 

Imagine you’re in your thirties, and you’re renting in a shared house, on roughly the same pay you earned five years ago. Now imagine you have a friend, also in their thirties. This friend owns their own home, gets pay rises every year and has a more generous pension to beat. In fact, they are twice as rich as you. 

When you try to talk about how worried you are about your financial situation, the friend shrugs and says: “I was in that situation too.”

Un-friend, right? But this is, in fact, reality. A study from the Institute for Fiscal Studies found that Brits in their early thirties have a median wealth of £27,000. But ten years ago, a thirty something had £53,000. In other words, that unbearable friend is just someone exactly the same as you, who is now in their forties. 

Not only do Brits born in the early 1980s have half the wealth they would have had if they were born in the 1970s, but they are the first generation to be in this position since World War II.  According to the IFS study, each cohort has got progressively richer. But then, just as the 1980s kids were reaching adulthood, a couple of things happened at once.

House prices raced ahead of wages. Employers made pensions less generous. And, at the crucial point that the 1980s kids were finding their feet in the jobs market, the recession struck. The 1980s kids didn’t manage to buy homes in time to take advantage of low mortgage rates. Instead, they are stuck paying increasing amounts of rent. 

If the wealth distribution between someone in their 30s and someone in their 40s is stark, this is only the starting point in intergenerational inequality. The IFS expects pensioners’ incomes to race ahead of workers in the coming decade. 

So why, given this unprecedented reversal in fortunes, are Brits in their early thirties not marching in the streets? Why are they not burning tyres outside the Treasury while shouting: “Give us out £26k back?” 

The obvious fact that no one is going to be protesting their granny’s good fortune aside, it seems one reason for the 1980s kids’ resignation is they are still in denial. One thirty something wrote to The Staggers that the idea of being able to buy a house had become too abstract to worry about. Instead:

“You just try and get through this month and then worry about next month, which is probably self-defeating, but I think it's quite tough to get in the mindset that you're going to put something by so maybe in 10 years you can buy a shoebox a two-hour train ride from where you actually want to be.”

Another reflected that “people keep saying ‘something will turn up’”.

The Staggers turned to our resident thirty something, Yo Zushi, for his thoughts. He agreed with the IFS analysis that the recession mattered:

"We were spoiled by an artificially inflated balloon of cheap credit and growing up was something you did… later. Then the crash came in 2007-2008, and it became something we couldn’t afford to do. 

I would have got round to becoming comfortably off, I tell myself, had I been given another ten years of amoral capitalist boom to do so. Many of those who were born in the early 1970s drifted along, took a nap and woke up in possession of a house, all mod cons and a decent-paying job. But we slightly younger Gen X-ers followed in their slipstream and somehow fell off the edge. Oh well. "

Will the inertia of the1980s kids last? Perhaps – but Zushi sees in the support for Jeremy Corbyn, a swell of feeling at last. “Our lack of access to the life we were promised in our teens has woken many of us up to why things suck. That’s a good thing. 

“And now we have Corbyn to help sort it all out. That’s not meant sarcastically – I really think he’ll do it.”