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Group

(1)

(2)

SUMMARY

No. of Time Units

22

25

Time cost factor per unit

s. d.

12/2

6/1

Time value

£13

5 10

7 12

1

£20 17 11

Schedule 2 factors (consider

complexity,

skill, documents,

place, value and importance)

FEE TO

BE

CHARGED

DISBURSEMENTS

TOTAL BILL

£32

0

0

31 10

0

£63 10

0

MISCELLANEOUS

LEGAL

NEWS

1—Protest Halts Court as Chancellor is Sworn In

Lord Hailsham (Mr. Quintin Hogg), had J ust been

sworn in as Lord High Chancellor of Great Britain, in

the High Court, when a man in

the public benches

jumped to his feet in protest about the law of the land

and the way, he claimed, it is wrongly administered.

It was an unexpected interruption, which brought

the court to silence just as

if someone had made a

mistake and "dropped a brick" in what is normally a

quiet, traditional and formal ceremony.

But there, in the public benches, stood Mr. Leonard

Rose, 61, in a casual sports jacket, trousers and open-

neck shirt.

He faced the new Lord Chancellor in his traditional

robes of office — which his father, a previous Lord

Chancellor, had worn before him — with Lord Parker,

Lord Chief Justice, Lord Denning, Master of the Rolls,

and Sir Jocelyn Simon, President of the Divorce and

Admiralt" Division, in their full regalia of robes and

full-bottomed wigs, sitting on his left and right.

Surrounding them on the Bench in a tight cluster,

similarly clad in full regalia, were 10 Appeal Court

judges and judges from other divisions, in their ordinary

robes, a total force of 30-strong.

But Mr. Rose, talking; over the heads of 60 bewieged

and robed senior and junior counsel sitting immediately

in

front of him,

carried on

talking

to

the Lord

Chancellor.

He legally raised his voice in court immediate!" the

new Lord Chancellor had taken his oath of High Office

and,

in it, promised

to "do right to all manner of

people."

Mr. Rose, a former Essex countv councillor and a

chartered surveyor, took his cue when the new Lord

Chancellor asked if

there were any "motions" before

the court.

He got up and put 13 "motions." Thev included a

plea for reforming the law, and urged that in general it

should be brought up

to date and shed

its "archaic

practices."

Mr. Rose

also

called

for

lav magistrates

to

be

appointed without political influence; for solicitors

to

be able to conduct cases in any court; and for lonerer

working hours for Hieh Court Judges—so that justice

could HP "needed im for the litigant and persons await

ing trial and the hearing of appeals.

The Lord Chancellor ^eard him in silence. But at

the end of Mr. Rose's uninterrupted pleas he told him

that matters raised were not for

the courts but for

Parliament.

Although a rare interruption at the swearing in of

a new Lord Chancellor, the action of Mr. Rose was

not the first of its kind.

When Lord Jowitt was sworn in as Lord Chancellor

a man in on the public benches raised a similar issue

before him. Lord Jowitt directed then that the issue

raised, concerning private litigation, should be heard

by a single judge immediately, and it was.

There have been other similar incidents in the past

in the High Court, at the swearing in of new judges

and on

the traditional opening ceremony of the new

High Court legal term.

Outside the court Mr. Rose, of Harwich, Essex,

admitted that he had been "thrown out" of council

meetings when he was a member of Essex County

Council.

Of his intervention, he said: "I thought that today

was the time to bring the matter up before the public."

2—Judge Defends Suspects' Right to Keep Silent

A suspect's right to refuse to answer police questions

or to give evidence at his trial was staunchly defended

by Mr. Justice McKenna, a High Court judge since

1961.

In an address to the annual Meeting of Justice in

London he crossed swords with lawvers, including Lord

Parker, the Lord Chief Justice, who have recently been

urging the abolition of the rule that police must give

warnings

to

suspects

that they are not obliged

to

answer questions.

Referring to Lord Parker's remarks at a recent Parlia

mentary Press Gallery Lunch. Mr. Justice McKenna

said he was "surprised" Lord Parker believed that "this

small change

in our arrangements would have any

worthwhile effect on the statistics of crime."

In his view, the citizens protection in questioning by

the police needed strengthening. Far from abolishing the

caution, he would require the police to tell the suspect

of his rieht to be legally advised.

This meant that if the suspect did decide to waive

his privilege of not incriminating himself, he would do

ro freeh' and with understanding.

Mr. Justice MacKenna said that under the present

system it would be surprising if the rules for the police

taking statements from suspects were not often broken.

Temptations on the police were too great.

A new rule that the accused's answers or statements

should not be admissable unless

repeated before a

magistrate would be a safeguard against onnression and

false evidence. But he honed this would be introduced

53