Lawyers

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Liverpool residents launch legal process against ‘timebomb’ chemical processing site

Published by Anonymous (not verified) on Sat, 17/02/2024 - 12:56am in

Legal challenge launched to Labour council’s approval of Veolia site processing huge quantities of chemicals that caused one of biggest non-nuclear explosions in history – in the heart of a residential area

Residents of Garston and Cressington in the south of Liverpool have begun the formal legal process to overturn the decision by the city’s Labour council to approve a site that will process more than double the quantity of a mix of dangerous chemicals that caused the 1974 Flixborough disaster, one of the biggest non-nuclear explosions in human history, with a blast radius of over three miles that killed twenty-eight people in a rural area.

Despite the Flixborough inquiry’s conclusions that the chemical should not be processed near residential areas, the council’s planning committee did not even discuss the risk of explosion before approving the construction of the site, only 200m from the nearest school and nearby housing estates. In light of the much larger quantities ultimately to be processed at the site, the potential blast radius could reach almost to the city centre six miles away. The planning committee was also told that there was no need an outside assessment of the dangers of the site, because its officers were the ‘independent’ investigators and had assessed Veolia’s reports.

After raising an initial legal fighting fund, lawyers acting for the residents have sent a formal ‘letter before action’ to Liverpool City Council, challenging the Council’s decision to grant permission for Veolia to construct two additional fractionation towers used for distilling and processing the chemical waste on King Street (planning ref. 23F/0408).

The letter challenges the decision on the basis that the planning application was deliberately split from an earlier application for two identical towers on site. If the developments, which will be built and used simulataneously, are properly considered together they meet the threshold for being a ‘Nationally Significant Infrastructure Project’. This designation would mean that development consent should have been required from the Secretary of State, rather than a pliant local council known to have diverted emails from residents about the development away from their intended recipients.

The letter argues that any construction which takes place without that development consent will be in breach of the law and could therefore be ordered to be demolished by the Council. Finally, the letter argues that the environmental impact assessment which was supportive of the development the site did not properly consider the cumulative effect of both applications. The letter requests that the Council responds to the challenge by 22 February after which the action group may consider lodging proceedings to ask the court to review the decision.

Donations can be made to the residents’ legal fighting fund here.

If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

‘Landmark’ employment victory for Miller gives anti-Zionist views workplace protection

Published by Anonymous (not verified) on Tue, 06/02/2024 - 4:40am in

Prof David Miller wins unfair dismissal case vs Bristol Uni

In what his lawyers have described as ‘a significant triumph’, Professor David Miller has won a ‘landmark’ decision today in one of the most closely monitored Employment Tribunal cases of recent years.

Prof. Miller successfully claimed discrimination on the basis that his philosophical belief that Zionism is inherently racist, imperialist, and colonial is a ‘protected characteristic’ under the Equality Act 2010, alongside a finding of unfair dismissal.

This judgment establishes for the first time ever that anti-Zionist beliefs are protected in the workplace.

In a comprehensive 108-page judgment, Regional Employment Judge Rohan Pirani of Bristol Employment Tribunal ruled in Miller’s, establishing that he had experienced discrimination based on his philosophical belief and had been unfairly dismissed by Bristol University.

David Miller is an academic sociologist specialising in state and corporate propaganda, public relations and lobbying. He was employed by the University of Bristol as a Professor of Political Sociology and continued working for the University until he was dismissed on 1 October 2021 after coordinated pressure from pro-Israel groups, despite two separate lawyer-led inquiries for the university finding that he had said and done nothing antisemitic.

The case has drawn attention to the challenges faced by academics and individuals advocating for justice, fairness, and equality in Palestine. It also underscores the issue of the weaponising of antisemitism by supporters of Israel to stifle discussions on Zionism, the political belief in a Jewish right to establish a state in Israel.

Rahman Lowe’s Zillur Rahman, who represented Miller, said Miller would be seeking ‘maximum compensation’:

This is a landmark case and marks a pivotal moment in the history of our country for those who believe in upholding the rights of Palestinians. The timing of this Judgment will be welcomed by many who at present are facing persecution in their workplaces for speaking out against the crimes of the Israeli state, and the genocide taking place in Gaza.

I am delighted for our client, David, who has been vindicated. His courage in fighting against the vicious campaign that was waged against him by Zionists within and outside the university, now sees him as a trailblazer for others that will follow. What is interesting about this case is that when David expressed his beliefs about Zionism which led to him being dismissed, they weren’t that widely known. However, the genocide Israel is committing at present, has woken the world up to the very belief David holds and was manifesting, which is that Zionism is inherently racist and must be opposed.

Whilst I am happy for David, it is clear that what took place has had, and will continue to have an impact on his career and therefore, we will be seeking for maximum compensation.

David Miller said:

I am extremely pleased that the Tribunal has concluded that I was unfairly and wrongfully dismissed by the University of Bristol. I am also very proud that we have managed to establish that anti-Zionist views qualify as a protected belief under the UK Equality Act. This was the most important reason for taking the case and I hope it will become a touchstone precedent in all the future battles that we face with the racist and genocidal ideology of Zionism and the movement to which it is attached.

The determination that I was sacked for my anti-Zionist views is a huge vindication of my case all the way through this process. The University of Bristol maintained that I was sacked because Zionist students were offended by my various remarks, but it was plain from the evidence of its own witnesses that this was untrue, and it was the anti-Zionist nature of my comments which was the decisive factor. I also want to note that this verdict is a massive vindication of the approach I have taken throughout this period which is to say that a genocidal and maximalist ideology like Zionism can only be effectively confronted by a maximalist anti-Zionism. Apologies, debate, and defensiveness of the sort illustrated by many on the left, and even in the Palestine Solidarity movement will not work. The Zionist movement cannot be negotiated with. It must be defeated. I want to thank the court, Regional Employment Judge Pirani and the two panellists Ms Kaye and Mr Launder for the professional way that proceedings were conducted.

I want to thank my legal team Zillur Rahman of Rahman Lowe and Zac Sammour of 11KBW for their strong commitment to defending the right to be anti-Zionist from the outset.

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ICJP presents ‘first tranche’ of evidence to Met of collusion by UK officials in Israeli war crimes

Published by Anonymous (not verified) on Wed, 17/01/2024 - 6:00am in

Individuals, including 4 government ministers, 9 UK citizens fighting for IDF and others, accused in criminal complaint of complicity in war crimes against Gaza

The ICJP’s solicitor advocate announcing the news today

The International Centre of Justice for Palestinians (ICJP) has announced that it has presented the Metropolitan Police with a dossier of evidence against UK citizens accused of collusion in Israel’s war crimes in Gaza. The ICJP announced in October that it would be prosecuting both Tory ministers and Labour MPs who have supported Israel’s genocide, or incited war crimes, against Palestinians. Israel has so far killed almost thirty-three thousand Palestinian civilians, mostly women and children.

Those incriminated in the dossier, who are not yet being named for legal reasons, include four government ministers, nine UK citizens fighting for the Israeli military against Gazans and others – among whom are likely to be leading Labour MPs who have supported and given cover for Israel’s ‘right’ to commit its crimes against Palestinian civilians.

The ICJP’s solicitor advocate told a press conference today that the evidence was merely the ‘first tranche’ of what the group will be presenting to the authorities and that the ICJP expects a full and thorough investigation, in accordance with UK law. Israel is currently facing accusations of genocide before the International Court of Justice.

Unsurprisingly, news of the dossier of evidence of criminality appears to have been entirely ignored by the UK ‘mainstream’ media.

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Video: South Africa lawyer’s devastating speech to ICJ on Israel’s ‘genocidal acts’

Published by Anonymous (not verified) on Thu, 11/01/2024 - 10:46pm in

South African lawyer Adila Hassim has made a devastating case on the genocidal nature of Israel’s actions in Gaza:

Ms Hassim’s colleague Dembeka Ngcukaitobi made a similarly blistering case on Israel’s genocidal intent. Watch here.

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Video: South Africa’s lawyers’ searing case to the ICJ on Israel’s ‘genocidal intent’

Published by Anonymous (not verified) on Thu, 11/01/2024 - 10:28pm in

South Africa’s lawyers are making a searing case to the International Court of Justice on Israel’s genocide in Gaza. Intent is critical to proving genocide under the Genocide Convention – and, as South Africa’s lawyer Dembeka Ngcukaitobi made clear this morning, the case could hardly be more compelling:

His colleague Adila Hassim made an equally devastating case detailing Israel’s genocidal acts. Watch here.

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Trickett tables motion demanding disclosure of government legal advice on Gaza genocide

Published by Anonymous (not verified) on Wed, 10/01/2024 - 6:16am in

Left-wing Labour MP Jon Trickett has tabled a parliamentary ‘Early Day Motion’ (EDM) demanding that the government reveal the advice its legal experts have given it over Israel’s war crimes and South Africa’s powerful and thorough genocide case against Israel before the International Court of Justice (ICJ).

The motion reads:

That this House understands that questions have been raised internationally about the legality of the Israeli government’s actions in Gaza; recognises that in November 2023 UN experts raised the alarm about the risk of genocide in Gaza; highlights the UN General Secretary’s reasons for invoking Article 99 that there is a high risk of total collapse of the humanitarian support system in Gaza, which would have devastating consequences; further highlights his comments to the Security Council that international humanitarian law includes the duty to protect civilians and to comply with the principles of distinction, proportionality and precaution and that the laws of war also demand that civilians’ essential needs must be met, including by facilitating the unimpeded delivery of humanitarian relief; notes the Spanish Prime Minister’s comments that he has serious doubts that Israel is complying with international humanitarian law; further notes the letter signed by prominent Israeli public figures to the Attorney General in December 2023 which said there have been explicit calls to commit atrocious crimes against millions of civilians, providing evidence of the discourse of annihilation, expulsion and revenge; acknowledges the case South Africa has brought to the International Court of Justice claiming Israel’s treatment of Palestinians is tantamount to genocidal actions; and calls on the Government to publish in full the legal advice it has received from its law officers regarding the situation in Gaza, particularly in the run up to UN votes, and the legality of the UK export licensing of arms to the Israel.

Tory MPs have spoken in the Commons to try to dismiss South Africa’s case as having ‘no legal merit’ – farcical when the ICJ, by accepting the case, has already decided that Israel has a case to answer. The disclosure of the government’s legal advice would be expected to reveal that the Tories have been told the same by their own lawyers – which means the government will fight to avoid it and broad support among MPs for the motion is vital to increase pressure.

Since it was tabled yesterday, only eighteen MPs have signed. Use theyworkforyou.com to contact your MP and tell them to support the motion.

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Exclusive: smeared ex-Lab member Siddiqi ‘planning to stand vs Streeting’

Published by Anonymous (not verified) on Mon, 01/01/2024 - 2:20am in

Victim of repeated smears and even a discredited prosecution is planning a bid at the next Ilford North parliamentary election, say locals

Syed Siddiqi, the former Labour member repeatedly abused, harassed and smeared by right-wing Labour figures in Ilford in north London, is planning to stand against right-winger Wes Streeting in the next Ilford North parliamentary election, according to local sources.

Siddiqi has faced constant harassment by the party right, including a failed attempt to prosecute him that ended in all charges being dropped – reminiscent of the disgraced hatchet job against neighbouring left-wing Muslim MP Apsana Begum.

The party’s hounding of Siddiqi even went as low as suspending him for more than three years after he was the victim of a foul, late-night Islamophobic tirade by a local right-winger, despite the whole incident being recorded. His abuser was quickly reinstated so that he could stand for Labour in local elections.

Siddiqi was revealed to have been targeted by Streeting’s office and others, by the leaked party report into abuse by the party right:

Labour has a long and appalling record of Islamophobia and of protecting abusive right-wingers. Local council leader Jas Athwal was selected as the party’s candidate in Ilford South, after complaints of ‘serious sexual assault’ were dismissed by a committee of Labour national executive members – against the advice of the party’s barrister. He won the selection vote when six hundred postal votes ‘turned up’ late in proceedings, while supporters of his opponent, incumbent MP Sam Tarry, were denied entry to the selection meeting. Labour general secretary David Evans dismissed the evidence as ‘irrelevant to the result.

The party has reason to fear the challenge. Last year, Lutfur Rahman ousted Labour to win the executive mayor’s position in nearby Tower Hamlets last year and voters there kicked out Labour at the last local elections in a landslide for Rahman’s new Aspire party. In neighbouring East End borough Newham, Newham Independents leader Mehmood Mirza hammered an imposed Labour candidate in May – and his colleague Sophia Naqvi then trounced Labour in November’s by-election in Newham Plaistow North.

With discontent spreading in the area and Black councillor Shanell Johnson quitting Labour in Redbridge, which covers both Ilford seats, in disgust at the local and national party’s conduct, few would be surprised to see similar developments threatening Labour’s complacency there too; particularly with an incumbent MP as dislikeable as Streeting, Starmer’s pro-privatisation health spokesman who has accepted donations from private health interests and who triggered protests outside his office – and a boycott by students – for his part in Starmer’s support for Israeli war crimes.

In 2018, Streeting also launched a ‘disgraceful’ and ‘disgusting’ tirade in the face of Diane Abbott, Britain’s first Black woman MP, leaving Abbott ‘shell-shocked’. If he stands, Syed Siddiqi can expect considerable support from outraged former Labour supporters around the country who would be delighted to see Streeting ejected.

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Two Palestine Action activists acquitted by jury for putting ketchup on Balfour statue

Published by Anonymous (not verified) on Wed, 20/12/2023 - 9:26am in

Pair charged ludicrously with criminal damage for putting sauce on a statue have been found not guilty

Protestors who squirted tomato ketchup on to a Commons statue of Arthur Balfour, after whom the UK’s commitment to the creation of an Israeli state on Palestinian land is named, have been found not guilty of criminal damage by a unanimous jury decision.

The protest by the two women took place on the 105th anniversary of the ‘Balfour Declaration’ by the British Government in 1917:

Video released by Palestine Action

According to the defendants’ legal firm,

this case is thought to have been the first trial to take place in the Crown Court as a result of Section 50 of the Police Crime Sentencing and Courts Act 2022 – which amended the mode of trial for low value criminal damage to memorials.

Legal argument during the trial included whether the protest amounted to damage, whether the defendants had a lawful excuse in accordance with their right to freedom of expression protected under Article 10 of the EHRC, and also due to their belief that the public would consent to their protest as a form of expression and if they were aware of the history, consequence and legacy of the Balfour Declaration.

The pair were defended by Hamish McCallum of Garden Court North Chambers’ protest rights team.

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Outrage builds over Unite’s use of Israel-linked firms as protesters occupy Axa Dublin office

Union management’s choice of firms is ‘huge embarrassment’, say insiders

A row has broken out in Unite over the union’s choice of insurer and hotel chain, after a group linked to the union occupied the European HQ of Axa insurance in Dublin.

Community Action Tenants’ Union (CATU) and the Dublin for Gaza group took over Axa’s offices and called for boycott of the company, according to Irish paper The Journal, because of the business being one of “725 European financial institutions that have subsidised apartheid Israel’s colonial settlements“. Axa told the paper that it “has no proprietary investments in any of the banks cited in recent calls for boycott”.

The action prompted growing anger among supporters of Palestinian human rights in Unite Ireland that the UK and Irish union’s official, democratic position is firm support of Palestinian freedom and right of return to lands taken from them by the Israeli settler-colonial project – and opposition to Israeli occupation, apartheid and oppression.

In fact, at its annual conference earlier this year, Unite delegates voted to formally support the ‘Boycott, Divestment and Sanctions’ (BDS) movement that represents Palestinians’ peaceful resistance to the occupation by encouraging businesses to refuse to buy from or do business with illegally-occupied territories, in a resolution saying that Unite:

[recognises that] Israel is practicing the crime of apartheid, calls for an end to the UK Government’s proposed free trade agreement with Israel, and for support for BDS campaigns against companies complicit in supporting Israel’s illegal occupation of Palestinian land.

Yet according to union insiders, Axa is Unite’s insurer in Ireland – and Unite’s designated provider of hotel accommodation is the Leonardo hotel group, which is part-owned by the Israeli Fattal group. One outraged insider told Skwawkbox:

It’s a huge embarrassment to Unite and one that is causing a lot of anger – even more so as our Irish exec meeting next month is taking place in the Belfast Leonardo’s.

What’s worse is that this has been going on for months and the union still hasn’t done anything to change it. Businesses linked to Israel should never have been selected in the first place, let alone still be used now with everything that’s going on in Gaza.

Unite general secretary Sharon Graham has already infuriated supporters of Palestinian rights by remaining silent for many weeks at the start of Israel’s latest genocidal assault on Gaza – then making a grossly asymmetrical statement appearing to treat Israeli deaths more seriously than Palestinian; and ultimately allegedly having the exec railroaded into accepting only her preferred wording when a statement was eventually issued.

Graham was also exposed using proxies to order the cancellation of showings of the film ‘Oh Jeremy Corbyn/The Big Lie’, which exposes the political abuse of antisemitism accusations against left-wingers in the Labour party, and discussion of Asa Winstanley’s forensic book Weaponising Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. Proxies were similarly despatched to try, unsuccessfully, to cancel a Unite ‘fringe’ event at Labour’s conference earlier this month in support of Palestinians.

Her popularity in Ireland is already low. Irish union legend Brendan Ogle is also suing her, her ally Tony Woodhouse and the union for defamation; he also alleges that he was abused by the union after his return from treatment for serious cancer – and after he made ‘protected disclosures’ to the union about its failures to adhere to covid protocols during the pandemic. Graham and her representatives have been accused of ‘disgusting’ behaviour toward Ogle – and anger in Ireland at the situation became so great that an entire sector branch threatened to disaffiliate entirely from Unite, the well-known ‘Right2Water’ campaign said it will no longer work with Unite, Unite’s Community section in Ireland condemned the ‘injustice inflicted’ on him and members picketed general secretary Sharon Graham’s long-delayed visit to Dublin.

Ms Graham is using Denton’s one of the world’s most profitable law firms to defend the defamation suit and Ogle’s the tribunal case. Denton’s was lambasted after its initial social media statement on Israel/Gaza failed even to mention the many Palestinian deaths. The statement was subsequently deleted and replaced.

Her tenure as Unite boss has been marked by a string of other allegations – which neither she nor the union has denied – including alleged destruction of evidence against her husband in misogyny and bullying complaints.

The Euro Med Monitor group reports that some 24,000 civilians in Gaza have been killed so far in just nine weeks by Israel’s bombing, shelling and invasion, around half of them children. Israel is also continuing to kill Palestinians in the occupied West Bank. Politicians around the world have called on the International Criminal Court to investigate and prosecute Israeli government ministers for genocide and other war crimes.

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89yo councillor ‘bullied’ by right-wing MPs, for opposing NHS closure, suspended by Labour

Published by Anonymous (not verified) on Thu, 30/11/2023 - 8:40am in

Barbara Dring has been suspended on the same day her whistleblowing about planned NHS closure – denounced as ‘lies’ by local right-wing MPs – was confirmed correct

Barbara Dring, the 89-year-old Birmingham councillor ‘bullied’ and labelled a liar by right-wing Labour MPs for warning that a vital local health centre was about to be closed, has been suspended by the party – for talking to third parties about local issues.

Cllr Dring and a local health campaigner warned in the summer that Warren Farm health centre faced closure, forcing local people to travel miles for treatment – and was dismissed as a liar by MPs Khalid Mahmood and Paulette Hamilton. The situation prompted campaigner Lorraine Donnally to put in a formal complaint to Labour. Cllr Dring was briefly hospitalised with a suspected stroke that her supporters believe was a reaction to the stress of the situation.

Today, local newspapers confirmed that the centre will be closed and its services moved more than two miles away.

On the same day, the party suspended Cllr Dring, apparently for whistleblowing. At the same time, it has also suspended Des Hughes, the only other Labour councillor in Oscott ward – leaving Labour with no representation in an area with two Tory councillors.

One local told Skwawkbox that Labour has ‘shot itself in the foot’:

They’re idiots. There are two Tory councillors there and under the new boundaries the ward will fall into the Erdington constituency that Paulette Hamilton will be trying to win, without local council representation. They’ve really shot themselves in the foot.

Others were even more plainspoken. Ms Donnally, the health campaigner who complained to Labour about the behaviour of the local MPs, wrote on Facebook to link the suspensions to the health centre closure – and her comments about the party’s ‘disgusting’ conduct were echoed by other locals:

Birmingham City Council’s Labour chief whip Ray Goodwin is reportedly under investigation by the party over his conduct in the position but has not been suspended – yet Labour has suspended two councillors fighting to keep open a crucial important health facility.

Khalid Mahmood’s awful record as Birmingham Perry Barr MP includes wrongfully sacking former staffer Elaina Cohen for blowing the whistle on ‘criminal’ and ‘sadistic’ abuse of vulnerable domestic violence victims by another Mahmood staffer who was also his lover. Sworn testimony by one of the victims to an employment tribunal in the wrongful dismissal case was not challenged by either Mahmood or his legal team.

The right-winger has also been accused by Bangladeshi media of accepting a bribe from a convicted Bangladeshi fugitive seeking help with his asylum case – and by Elaina Cohen of accepting cash from the Kuwait embassy. He has denied any wrongdoing.

At no point has Keir Starmer or his sidekick David Evans taken action against Mahmood, even to suspend him to protect alleged victims while Mahmood was on Starmer’s front bench. The whistleblower’s emails to Starmer and Evan, as well as Mahmood’s own sworn testimony, make clear that Starmer and Evans were fully aware of the allegations and covered them up.

Bullyingsmears and cover-ups have been exposed as rife on the part of the Labour right.

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