Tag Archives: Grayling

Speech at CLFS Autumn Confrence, London, 2017

I was invited (jointly with Greg Powell) to speak at this CLFS conference in the final speaker slot, on the topic of “unity, and changes ahead”

Greg Powell spoke first, lambasting the MoJ for their announcement earlier in the week that following their LGFS consultation (and despite 97% opposition) they would cap payment at 6k pages of PPE. (For non criminal legal aid lawyers, this basically is yet another cut in legal aid payments) 

The text of my speech is below:

I am now all that stands between you and the Friday evening drink, and all that stands between you and the weekend. I therefore hope to be brief.
Although probably not as much as you hope that I will be brief.

Anyway, once again I have been asked to speak on unity in the profession. This year, clearly not to be trusted I am sharing with Greg Powell,  a hard act to follow.
In the programme we are billed as the “two Gregs” – like the three amigos but less fun and without the sombreros.
Or perhaps when you think of “Greggs” plural  you have an image of a couple of sausage rolls.

I am no more qualified than anyone else to speak on the topic of unity.
But I suppose being involved in a rep body- in my case the LCCSA-has given me some small insight into where we, as a profession, have successfully united, and where we have not, as well as whether it matters.

I am also going to touch on breakfast Courts and the 14 hour rule for duty solicitors in the current LAA contract.
And there will be a thinly veiled appeal to join and support the LCCSA.
And in case none of that appeals I will have a go at Grayling.

Unity

Can we achieve it even between ourselves as criminal lawyers?
It’s a good topic because we have much that divides us, not least healthy competition, but it seems to me that in recent years there has been an increase in shabby gamesmanship by unscrupulous client-chasers posturing as reputable lawyers but lacking integrity.

A 1/4 century or so ago, when I was first attending courts and police stations, (back in the days when we were paid travel, waiting and a London allowance) other solicitor firms were rivals, but also friends and colleagues.
people I could approach for advice, and who would gladly provide it.
Nobody interfered with client choice or objected to a LA transfer.

Now you can go to some Courts (one in North London comes to mind) and find an army of solicitors from a rival firm armed with clipboards hovering by the door of the court or by the notice-board with list of cases, tapping up all the clients and diverting first appearances from the duty.
These are rivals but neither friends or colleagues.They are touts.

These sharp practices, whilst deplorable, probably arise from the ceaseless cuts which lead to a race to the bottom, and the less scrupulous fighting like rats in a  barrel.
But ignoring that debased minority, criminal lawyers nonetheless have much in common.
The work we do, undervalued and underfunded though it is, is not merely a job, it is a profession and a vocation.
We have, I think, uniting us, an overarching interest in justice.

Of course we all have a degree of self interest, and we all would like to be well paid.
Or at least properly paid
Or sometimes even paid at all

So we are united in wanting better, and fairer, rates of pay.

We are also, I imagine,  united in wanting, amongst other things:-

-Properly equipped courts with an adequate advocates room, and maybe even a cafe

-List officers that take into account advocates availability

-video-links that work,

-prisoners to arrive on time,

-competent interpreters to be booked,

-timely and adequate disclosure

and an opportunity to properly assess the evidence, give proper advice, and where appropriate prepare properly for trial including the right to challenge prosecution evidence and put forward a defence case.

We want a level playing field, we want a fair hearing.

But we also have different interests.
Big firms vs small, legal aid v private, generalist v specialist, own client vs duty, etc.

And then within law firms there are divergent interests, typically between employers (partners or co directors, firm owners) and salaried staff, or “overheads” as the former sometimes think of them.
If only there were an organisation that strives to represent all those interests, not just one vested interest group….

So what is left that may unite us?
A desire for better rates of pay
A desire that the Government may just leave us alone for a while
A wish that the LAA would go and f, f, f, fade away

Can we unite around our common interests?

How do we unite?

Firstly you need strong and accountable representative organisations.
We don’t have a trades union.
We have the Law Society, but….

Here in London you have the LCCSA .

We respond to the consultations.
We lobby.
And we reluctantly became an effective campaigning organisation

How do the LCCSA and other representative bodies work together?

Easy enough when campaigning against cuts or a Lord Chancellor so universally hated that all are joined in opposition

Remember Grayling?  Whatever happened to him?
Grayling as Transport secretary
In October Grayling attending the launch of the new hybrid train between Bristol and London. A service that not only arrived into Paddington 45 minutes late after the train broke down while switching from diesel to electricity, but whose air conditioning had failed, drenching dozens of passengers with water.
As for Brexit, he says that everything will be fine because “British farmers will grow more”, a comment so facile it is beautifully eviscerated in this must-read demolition of Grayling’s ignorance  which describes him as “the wilfully ignorant, insouciantly callous former Justice Secretary who took a sledgehammer to the legal aid and prison systems” (independent)
He also appeared before the Transport Select Committee, in a shambolic performance that was beautifully captured in this sketch  (worth reading in full) which concludes with “while there was a refreshing honesty to his incompetence, there really didn’t seem to be any part of his brief that Grayling fully grasped. He was dangerously deluded about what had gone on on his watch and complacent about the here and now

After CG , we had Gove, we liked him, but he didn’t last.

He did give us the Bell Committee- anyone remember that?
Gary Bell QC, the HCA hating barrister, who was to report on the CJS
His self appointed committee appears to have died a natural death
That has certainly helped unity 🙂

A year ago we had Liz Truss, lover of cheese and pork markets, who failed to stand up for the judiciary when they were attacked by the tabloids.

Now we have Lidington, beneath the radar. Not very high profile – perhaps this week’s announcement mean he is a silent assassin.
Anyway, irrespective of which Lord Chancellor we have, there are always

topics we can unite on by opposing:-
1 The announcement this week of the LGFS “restructure” (cut) which 97% of those consulted were against. Greg Powell has dealt with the absurdity of the MOJ response and this uneccessary cut. LCCSA Statement here

The Criminal Bar Association have put out a statement which “reminds the legal community and the MOJ that the system is at breaking point. There should be investment in Criminal legal aid, not cuts or reductions of any kind. We are unified with our solicitor colleagues in our aim to ensure that legal aid survives, and thrives.”
So that is unity with our friends at the bar and we thank them for it.

2 Flexible Operating Hours

The proposal came from nowhere, no consultation.
Promised it would have robust evaluation.
That evaluation went to Tender, they got that wrong, so proposals were deferred or, we hoped, died, but now they have revived the corpse.
The Breakfast court at HCMC seems to have gone, but they will be listing CPS bail trials from 5.30 pm to 8:30 pm Mon-Thursday.

Perhaps they don’t realise that Court sometimes sits that late already, with trials listed from 2-4pm. With these plans you could be there to midnight,   So be ready to resist when handing in your PET forms…
Blackfriars will piloting 2 four-hour CC sessions and a half CC /half MC session (as before.)
Make sure the obvious objections are made at each stage, and this pilot will inevitably show the failings inherent in this half baked scheme.
3.  14 hours term in the new duty contracts 

The duty solicitor rotas were bloated
There was a desire to remove ghosts
But what are ghosts?
We thought they were the ones on the rota who were dead retired or abroad
I’m which case a requirement to do a min amount of ps work or duty compliance would suffice
So why 14 hours p/w?!

Two examples of why this is crazy:-

1 HCAs for example do considerably more than 14 hours per week, the vast majority of which is Crown Court preparation or advocacy paid on a legal aid account under the AF1.

This is not “Contract Work” and does not therefore count. Sitting behind that advocate unpaid while they undertook the advocacy on a case would count.
The absurdity of this situation is obvious.

Equally obvious is that neither of them is remotely ghost-like. I can see no logical reason why “Contract Work” is the defining element for hours worked for the firm.
Nobody is begging to be woken up at 4am to undertake duty work but it provides clients with good quality legal advice to have people like this on the rota – this is after all the point of the duty solicitor scheme.

I cannot see the justification for disallowing this work from the 14 hours. It goes way beyond the purpose of the rule and is completely unacceptable to anyone with an ounce of common sense.

2.       Child care

A DS (over 20 years call) is also a consultant and has child care responsibilities for two young but school age children. Duty work suits her well as she knows in advance when she has to be available for work and she undertakes her duty work.
She undertakes more than 14 hours a week if you do not count the weeks that she has had to be unavailable for work due to child care responsibilities, namely the school holidays. The period of review includes both Easter and the summer holidays when she was unavailable for any work at all.

When you add in those 0 hour weeks, she falls below the 14 hours and likely to be removed. Madness. And discriminatory.

It also begs the question as to how the 14 hours is calculated. Is it 14 x 52 per year – no one works 52 weeks a year – apart from probably Greg Powell. So is it 14 x 48 (4 weeks holiday) or 14 x 46 (6 weeks civil service holiday allowance)? In which case it averages over a year at less than 14 hours a week?

How did we get into this mess?
It was an LAA idea, but when canvassing representative bodies only the LCCSA objected.

For others, ghosts were not just those on the rota who never went to PS or court or undertook their duties, ghosts also included freelancers. So they supported, and still do, a requirement that solicitors work 14 hours a week and just for one firm.

The LCCSA position on 14 hours is consistent:-

In The past we have been driven into a contracting supplier base and pessimism by relentless cuts , unnecessary bureaucracy , and too often by overly hostile stances by assessors , auditors and managers .
The collapse of the scheme to contract duties passed without apology .
The LCCSA argued in relation to rules for Duty Solicitors for simplicity and an acceptable minimum standard , namely a mix of actual duties completed in court and police stations with some minimum number of overall attendances.
We argued against any hours requirement as unnecessary , bureaucratic and against the interests of working parents and especially that it offended the principles of simplicity and ease of checking .

The Present
Predictably “the Hours” will now consume much energy .All its limitations and difficulties are thrown into sharp relief as reports of overzealous interventions by account managers filter through while confusion over aspects of the schemes detail spreads .
As a membership organisation we have always fought to protect individual ownership of scheme membership .
Similarly we have favoured the widest interpretation of qualifying work and terms that allow our diverse membership to properly contribute through duty solicitor work whilst maintaining a wide variety of working lives .
The future
We will be informed by our members response .Some argue that the future should involve consolidation of the supplier Base and the concentration of ownership of duties in the hands of fewer powerful owners .This would devalue the economic positions of members of the LCCSA . It is not a position we will adopt. It is sometimes disguised as concern for the future stability of supply when it really reflects a desire to gain economic advantage.
What we always need is unity around the political issue which has been the Government desire to restrict scope and impose austerity. The hours issue is a battle for a settlement in the widest interests of members but the great issues are restoring value and scope

Well we are where we are.
What do we do about it?
Can we bring a JR ?
Well Legal Action being a last resort, we are first making representations to the LAA to soften the harsh interpretation.

We want HCA Advocacy to Count, as well as file reviews and supervision. Also:-
-Pro-rata reduction for part time workers, and for absence through illness,
-VHCC work to Count
-Hours to count whichever firm or office carried out for

Who makes these reps?
The Law Society leads.
They have a group called the ”Practitioner Group”
That includes elected bodies such as the LCCSA and CLSA
Also it includes the “Big Firms Group”

Who are the BFG ?

Nobody really knows
They don’t have a constitution
Or a website
If they have aims they are not made public
If they have a committee, we don’t know who is on it , how they were elected or even if they were elected.
They are not accountable.
We know they supported breaking the link between indiv Duty sols and their slots, putting duties in the name of the firms to distribute as they wish.

And their name suggests they focus on the interests of Big Firms, or more accurately over those that own and run them (their employee base are not consulted and do not participate)

And yet they- this self appointed group- sit at the table seeking to influence the decision makers. The two-tier contracting proposals arose from their wish to restrict the supplier base.
It is a matter of regret, that we have allowed this body to fracture Big Firms from small.
Perhaps there should also be a “Small  Firms Group”  and a “medium Firms Group”. There was a freelancers group, but the BFG and CLSA objected to them participating at meetings of the Practitioner Group.

Or perhaps we could just tell TLS and the MoJ to ignore the BFG, and we could all unite behind an organisation that represents big firms and small, owners, the employed and the self employed.

The LCCSA is that organisation.

The LCCSA have the following objectives,

The objects of the London Criminal Courts Solicitors’ Association are to:
▪ Encourage and maintain the highest standards of advocacy and practice in the Criminal Courts in and around London;
▪ To participate in discussions on developments in the criminal process;
▪ To represent and further the interests of the Members on any matters which may affect Solicitors who practise in the Criminal Courts; and
▪ To improve, develop and maintain the education and knowledge of those actively concerned with the Criminal Courts, including those who are in the course of their training.

So to conclude:-
The LCCSA had virtually -and by necessity- re-invented ourselves as a campaigning organisation.
We are if necessary prepared to fight again against cuts and to protect the interests of all who practice in criminal law.

Are you up for that fight?
Any representative bodies is only as strong as our membership.
We can only campaign, take legal action, put on events if our membership is strong, and we are funded by our membership fees.
If you join, or retain a membership, we are stronger.
My plea to you is, if you are not already signed up, is to join your representative body the LCCSA.
If you are a member already-thank you- and remember membership renewals are due on 1st November
Please come to our AGM Dinner on November 13th
Please consider joining the committee.

Thank you for your support.
We don’t want to do this without you, and tbh we can’t do it without you.
Join up, and we are united together.
United we stand, divided we fall.
That is the true message of Unity.

And now, time to unite and join friends and colleagues in the pub.
I hope you will raise a glass to justice, celebrate solidarity, drink to the health of legal aid, and share a toast -to Unity.

Cheers

Prison Books: Helping to Turn over a New leaf

The decision earlier this year by Justice Secretary Michael Gove to lift the ban on family and friends sending books to prisoners was welcome

Anybody who describes prison as a “holiday camp” has either never been to prison, or never been on holiday- the reality of contemporary incarceration is boredom from enforced idleness, interspersed with occasional violence (assaults are rife) but little support for rehabilitation programmes or tackling prevalent issues of mental health. Cuts to staffing levels have overlapped with a rapidly rising prison population. Recent reports by the Prison Inspectorate have been damming.

Books do not in themselves provide a panacea, but they are a good start. They provide education, help literacy and personal development, and broaden the mind.

The book ban introduced by Gove’s predecessor Chris Grayling was a vindictive, unjustified act.

The purpose of prison is punishment and rehabilitation- the first is implicit in the removal of liberty by being locked up, the second currently not achieved by draconian policies that fail to tackle the root causes of offending behaviour. In Nelson Mandela’s moving autobiography “Long Walk to Freedom”, he writes of the value and importance of books to him through his long period of imprisonment. Everyone but Grayling could see the value of books within prison.

In March last year I joined a demonstration against the book ban outside Pentonville prison organised by the Howard League for Penal Reform, and supported by authors including the Poet Laureate. See a short video clip here.

The reversal came initially as a result of a successful Judicial Review brought by solicitor Samuel Genen and counsel (all acting pro-bono) -read more about that here. The High Court ruled the policy was unlawful. Gove then confirmed in July the complete relaxation of the unfair and arbitrary rules Grayling introduced. That is a victory- unlawful policies do not always lead to policy reversal -look at the vexed issue of prisoner voting.

Now we no longer have a book ban, and we now longer have Grayling despoiling the office of Lord Chancellor. So what of his successor?

Gove has said that “the most useful thing we can do is make sure prisoners are usefully employed, and improve literacy, numeracy and work skills”. Will he act or are these just “words”?

I would suggest the most useful thing Gove could do would be to reduce the prison population by crime prevention and successful rehabilitation, and reducing the numbers imprisoned for pointless short sentences for non-violent crime.  This in turn would save money, which could be redeployed to properly fund the Justice system. Government cuts to Legal aid have put our Justice system at risk. The spending cuts were ideological, deferring costs elsewhere in the system.

Grayling was a wrecker, who for what he hoped would gain him short term popularity damaged both the Criminal Justice system and an effective penal system.

Gove has a long way to go to fix these problems, but reversing the book ban was a good start.

Published on International Literacy Day, 08 september 2015

An earlier version of this article was published here in the Islington Tribune in July this year

The Impeachment of “King John” Christopher Grayling

0n 21st February 2015 the Justice Alliance met in Runnymede and set out for Westminster as part of a JA event called Relay for Rights.

This finished on 23rd February with the “NOT THE GREAT LEGAL SUMMIT” In Westminster.

This was organised as a direct response to the hypocritical “Great” Legal Summit, which in the name of Magna Carta, was being used to promote the kind of law that in fact has no resemblance to the principles still celebrated from that historic document.

At the alternative event, on the inspiration of Justice Alliance member Rhona Friedman, I was asked to seek impeachment of the Justice Secretary Chris Grayling by asking the assembled crowd to vote on “articles of impeachment” .

The Articles put to the crowd, and their responses, are recorded below:-

 

                                                 ARTICLES OF IMPEACHMENT 

 

                                    The People

                                      V

                     King John Christopher Grayling”

 

SummaryOne Resolution consisting of four articles of impeachment. 

The articles will be debated and voted on individually

 

Introduction

 

The original King John  had ruled using the principle of “force and will”, taking executive and sometimes arbitrary decisions, justified on the basis that a king was above the law.

800 years later, Chris Grayling, a man posturing as Lord Chancellor, takes executive and arbitrary decisions, and by seeking to remove the rights to Judicial Review attempts to place himself above the Law. 

Article 1   MISLEADING PARLIAMENT AND THE PEOPLE

 

As Secretary of State, King John Christopher Grayling provided false and misleading evidence to the House of Commons regarding Judicial Review Reform, having either knowingly lied in order to try to get his bill past the Commons or fundamentally misunderstanding his own legislation.

 

The Secretary of State further provided false and misleading evidence to the Commons about probation privatisation projects in that G4S and Serco confirmed they had been granted new government work during a period when Grayling had told MPs that contracts would not be awarded   Remember SERCO are the robber barons who claimed for supervising the dead!  

 

TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS MISLED THE COMMONS AND THE PEOPLE?

 The People voted AYE 

 

 Article 2       OBSTRUCTION OF JUSTICE 

 

The Secretary of State has obstructed and diminished Justice by :

 

Reducing the number of people who took mental health cases from 42,000 to 523 in one year 

 

-Removing legal aid from family cases so that 2/3 of people face court alone 

 

Pricing peoplout of Employment Tribunals so that unfair employees know that they can sack their staff unlawfully 

 

Banning books in prisons until Court Action forced  him to stop 

 

Creating a two tier criminal justice

 

 TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS OBSTRUCTED JUSTICE?

The people voted AYE 

 


 

 Article 3       ABUSE OF POWER

 

The Secretary of State misused and abused his office and impaired the administration of justice, in that

 

1. He forced through a privatisation of  Probation Service with no proper impact-assessment and at great risk
2. He has brought the Ministry of Justice into disrepute by “Flogging to the floggers” (contracting with the selling of legal services to Saudi Arabia, which has despotic judicial and barbaric punishment systems)
3. Whilst holding the title of Justice Secretary, he has practiced,supported and embodied INJUSTICE, and has been defeated repeatedly in the Courts.

 

TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS ABUSED THE POWER VESTED IN HIM?

The people voted AYE

 

ARTICLE FOUR -ABUSE OF OATH OF OFFICE

 

AS Lord Chancellor King John Grayling is charged with upholding the Rule of Law  We the people have by the above articles found him guilty of misleading Parliament , obstructing justice and abuse of power.

 Do you the people therefore think he has properly discharged his constitutional duty in accordance with his oath of office to ensure the provision of services  for the efficient and effective support of the courts?

 TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS ABUSED HIS OATH OF OFFICE-HOW SAY YOU, AYE OR NO?

The People voted AYE

Lastly do we the people on this fake anniversary of the Great Charter find him to be an Upholder OF THE RULE OF LAW?  AYE OR NO ? 

The People voted No

  

KING JOHN GRAYLING WAS DULY IMPEACHED- SO SAID WE ALL!

He was then conveyed, in stocks, amidst a jeering crowd,  to the “Great Legal Summit” , wherapon the Crowd did chant “Failing Grayling -out, out, out!”

But alas, he stayed in, and the will of the people once again was overborne.

800 years after it was sealed, people still remember the Magna Carta.

Grayling, if recalled in history at all, will be remembered about as fondly as his medieval predessor, the hated King John.


 

 

 

Grayling Day Demo -Speakers for Justice

The following speakers spoke up for Justice at The Grayling Day demo in Westminster on 07/03/14

1 Paul Harris
A former president of LCCSA, Paul opened the proceedings with a rousing address. He said the cuts would result in a two-tier system – one for those with money and one for those without.
2 Alistair Webster QC
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A Lib Dem peer but speaking as a lawyer he reminded us of their Party Policy of supporting Legal aid, but commented adversely on their failure in government to speak out against Grayling’s cuts, concluding “The politicians may have failed Justice. We will not.”

3 Laura Janes
Laura, representing The Howard League for Penal Reform dealt with how Chris Grayling has removed most prison law work from criminal legal aid.
4 Sir Ivan Lawrence QC
Sir Ivan (criminal barrister for over 50 years, and was a Tory MP for over 20 years) said he was ashamed of this Government. “We will bring the Criminal justice system to a halt to save it- that’s why we are here
5 Ian Lawrence (NAPO)
Representing the Probation Service, also under attack by Grayling,

6 Paddy Hill

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Paddy reminded us what is at stake. “There will be many more miscarriages of Justice like the Birmingham 6 if legal aid is cut to this level.” An article about Paddy’s speech, with a clip in which he brands the MOJ the “Ministry of Injustice” is here.

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7 Sir Anthony Hooper
Retired Court of Appeal Judge, Sir Anthony reminded us  eloquently:-“For some 60 years everyone has had the right to equal access to Justice. This Government is destroying that right”
8 Francis Neckles
Francis was rightly acquitted at trial, preserving his good character, thanks to good representation by his Legal Aid lawyer. “Chris Grayling says he can’t afford to fund legal aid- Francis Neckles says we can’t afford NOT to
9 Shami Chakrabarti

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Representing Liberty, Chakrabarti made a powerful speech linking Legal Aid with freedom.

10 Dave Rowntree
Dave is drummer with Blur and was also a solicitor with Kingsley Napley.
He spoke about the Magna Carta, which was signed 800 years ago next year, and clause 40 – “To no one will we sell, to no one deny or delay right or justice.”
11 Nigel Lithman QC
Representing the CBA, he had been invited to speak to demonstrate the unity between bar and solicitors in fighting the cuts. Three weeks later, Lithman struck a “deal ” with the MoJ, having met them secretly and without solicitors representatives being consulted. He was subsequently been appointed a Circuit  Judge. Relations between the criminal bar and solicitors reached an all-time low point following Lithman’s actions, but have improved enormously under subsequent and present CBA leadership.
12 Janis Sharp
Janis is Mum to Gary McKinnon, and led a courageous (and ultimately successful) fight against his extradition. She knows the value of legal aid, and  can be seen in the YouTube film below (incorrectly subtitled as Janis McKinnon- apologies Janis)
13 Bill Waddington
Bill was chair of CLSA, and after a two year gap is back as chair, continuing the fight.
14 Noela Claye
Speaking with the support of the charity Women against Rape WAR, Noela brought a victims perspective, and showed that ultimately this demo was not just about fees or careers, it was also about victims, clients, and justice.
Noela spoke on camera in the short film of the start of the demo (link below)

Hanna Evans
Hanna was a new tenant and rising star at 23 Essex St. Chambers. Read more (and hear her speech) at #Just4Justice demo here.
15 Sadiq Khan
A former lawyer in a legal aid practice,  Labour MP and shadow Lord Chancellor (as he then was) said he opposed Grayling’s cuts. When asked  to give an unequivocal commitment to reverse them if in office however he declined. In the run-up to the election campaign, he  combined his portfolio responsibility with the role of Labour lead for attacking the Green Party (who had made a commitment  to restore legal aid funding) and left the justice portfolio in favour of visits to Brighton rallying the Labour troops in an unsuccessful attempt to unseat Green MP Caroline Lucas. After the election, he successfully campaigned for London Mayor.
16 Matt Foot
Matt, one of the founder members of the Justice alliance summed up the rally, before leading a march to the Ministry of (In)Justice.

NOTES

Short summary of the event by film-maker Ed Stradling with speaker clips here on Youtube

Another short film of the start of the demo here (Thanks to Matt Tiller)

Excellent commentary and photos of “Grayling Day” here (courtesy of Legal Aid Watch)

Photos of demo, all speakers, thanks to Luca Nieve, here