Andrew Tettenborn

Andrew Tettenborn is a professor of law at Swansea Law School

Why can’t Ukraine trademark the phrase: ‘Russian warship, go f**k yourself’?

From our UK edition

Ukraine's bravery and daring in the face of Russian aggression marks a stark contrast with European – or at least EU – lethargy and disinclination to take sides. A recent spat over, of all things, European trade mark law is a case in point. In early 2022, a soldier on the desolate Snake Island in the Black Sea famously added to Ukrainian folklore by greeting the Russian cruiser Moskva, which had come to take over the island, with the words 'Russian warship, go f**k yourself'. This slogan quickly became hot merchandising property. Kyiv understandably decided to put to work to aid the war effort: it applied to register the phrase as a European trade mark, on the basis that if anyone should be allowed to profit from its use, it should. But their pleas fell on deaf ears.

UCL is harming itself by pandering to China

From our UK edition

We have suspected for some time that UK universities were supping with the devil when they relied on legions of foreign, especially Chinese, students to balance the books. Last week the mask slipped spectacularly at University College London.  Some months ago a Chinese student complained of ‘horrible provocation’ when Michelle Shipworth, an associate professor dealing with human behaviours, asked a seminar class of whom about a quarter were Chinese, to criticise statistics suggesting that China had one of the world’s biggest modern slavery problems. The case escalated. She was leant on to lay off China in favour of, say, India so that Chinese students would not feel ‘singled out’. She refused, citing academic freedom. The result was all too predictable.

In defence of Judge Tan Ikram

From our UK edition

Judge Tanweer Ikram is not your usual judge. Ikram, who has a CBE to his name for services to diversity, has tirelessly insisted that minorities need to see people looking like them in senior positions (he has Pakistani Muslim heritage). Whether you see him as an innovative radical or a dreary progressive, Ikram is now mired in less savoury controversy. Last month, he notoriously gave a 12-month conditional discharge to three women guilty of publicly displaying paraglider images supporting Hamas, a banned terrorist group. It was quickly pointed out afterwards that he had previously 'liked' a post on LinkedIn accusing Israel of terrorism in Gaza (something he says he did mistakenly).

The Church of England should stop distracting itself with ‘racial justice’

From our UK edition

Churches are emptier than ever since Covid. Fewer clergy have more and more parishes to look after; the buildings themselves are falling down, with little money available to repair them. In the face of these existential problems, what high-profile subject was discussed over the weekend by the General Synod of the Church of England? Encouraging more worshippers, perhaps, or possibly improving finances? Not quite. You’ve probably guessed the answer: racial justice.  The Synod ran what can best be described as a consciousness-raising session to cheer on the work of the Archbishops’ racial justice commission. It's aim, it seems, is to push race towards the top of the ecclesiastical agenda.

Dartmoor’s mass trespass isn’t what it seems

From our UK edition

The largest mass trespass in a generation will take place in Devon today. Hundreds of protesters belonging to the pressure-group Right to Roam will descend on Vixen Tor, a slightly sinister-looking granite outcrop on Dartmoor a few miles from Tavistock. Since 2003, access has been banned. But given that much of Dartmoor is already open to the public, why the stress on this fairly small part, which is not? Those marching on Vixen Tor say the reason is simple: a small part of the high moor where hikers have the right to walk at will is inaccessible because it can only be reached across the Tor, which is privately owned and lacks any public rights of way across it.

Rishi Sunak should ignore this biased Rwanda Bill report

From our UK edition

‘UK’s Rwanda Bill incompatible with human rights obligations… damning report by MPs warns.’ So ran the headline yesterday morning, referring to the report released by the joint human rights select committee on the Safety of Rwanda Bill. As often happens, however, immediate appearances can deceive. Constitutionally, the UK is administered by a ministry with the confidence of the House of Commons, not by committees captured by the progressive establishment The striking feature of this report is that, even though it came from a select committee, it could have been penned by Amnesty International or another similar radical human rights pressure group. The ECHR and other human rights treaties, it insists, must be followed at all costs and to the letter.

Why the EU detests Hungary

From our UK edition

To misquote von Clausewitz, the European Union sees lawfare as the continuation of politics by other means. Brussels’s latest sally against the government of Viktor Orbán in Hungary, which it viscerally detests (and which seriously rattled Eurocrats last week with its calculated brinkmanship over the Ukrainian aid programme) is a nice example. The new casus belli is a piece of domestic Hungarian legislation from last year, the Act on the Defence of National Sovereignty. (For a fairly rough English translation of the law, see here.

Viktor Orban has proved he’s a shrewd negotiator

From our UK edition

All eyes were on Hungary’s Viktor Orbán at yesterday’s EU summit in Brussels. The issue at stake was simple but vital. The EU wanted to provide €50 billion (£43 billion) in aid to Ukraine over four years, but this use of the bloc's funds required unanimity from all member states. Orbán remained unconvinced. But would he continue unmovable, or would he budge? And if so what price would he demand? Hungary has always been concerned to keep as judiciously uncommitted as possible in the Russia – Ukraine conflict. Orban was instinctively unhappy about supporting the EU's stance that was, whatever its virtues, highly partisan.

Estate agents shouldn’t need A-Levels to sell houses

From our UK edition

Last week the shadow housing minister Matthew Pennycook tabled an opportunistic amendment to the government’s Leasehold and Freehold Reform Bill. This would require the government to closely regulate all estate agents selling leasehold properties or properties carrying management or service charges (in essence flats, or houses on managed estates).  There is a lot that is wrong with this idea. It derives from a 2019 report by a committee chaired by the crossbench peer and social housing campaigner Lord Richard Best. Featuring among its demands were a proposed licensing regime of enormous complexity more appropriate to lawyers or doctors and a dedicated governmental regulator.

Why is the UN sticking up for Just Stop Oil protestors?

From our UK edition

Do you remember when you couldn’t get your child to school on time because of a Just Stop Oil slow march? Or when you got gridlocked on the M25 because someone had draped themselves over one of the gantries? There’s a man from the United Nations who, it seems, rather likes the idea of us going back to those times. Michel Forst, a French UN functionary with the grand title of 'special rapporteur on environmental defenders (Aarhus convention)', published a two-page report this week following a brief visit to London. In it, he referred to 'extremely worrying information' about Britain’s 'increasingly severe crackdowns on environmental defenders', by which he meant Just Stop Oil and those like them.

In defence of Katharine Birbalsingh’s prayer ban

From our UK edition

We won’t know for some time what the outcome of the claim that a London school has broken the law by refusing to allow ritual prayer on its premises will be. But whatever the result, the case neatly exposes the problems of the rights culture we now live in. The school is Katharine Birbalsingh’s Michaela School in Brent, an non-religious establishment where roughly half the intake is Muslim. Until recently Muslim pupils engaged in a daily prayer ritual. But after this created disorder, unpleasantness and some intimidation of teachers, the governors introduced a blanket ban on all ritual prayer, apparently with the result that calm and order were quickly restored.

Joining Reform may be a smart move for Lee Anderson

From our UK edition

Richard Tice of Reform may not be the most charismatic party leader, but he has impeccable timing. The ink was hardly dry on Lee Anderson and Brendan Clarke-Smith's joint resignation letter following their support for Robert Jenrick's amendments to the Rwanda Bill, before he openly propositioned them to defect. Predictably Anderson told Christopher Hope straight away on GB News that he was not for turning. But things can change fast in politics. The idea that at least some of the New Conservatives should jump ship actually makes more sense than you might think, whether you look at things from the point of view of the people concerned, the Tory party or the country as a whole.

The European Court has become positively immoral

From our UK edition

Another new year, and on the very first day we hear of two cases where human rights law has made a laughing stock of our immigration system.  Gjelosh Kolicaj, an Albanian migrant given dual British citizenship after marrying a British woman (whom he later divorced), turned out to be a senior crime boss. After he got six years for money laundering, the Home Office said he should be stripped of his citizenship and deported. Immigration judges quashed the order: insufficient consideration had been given to his right to family life under article eight of the European Convention on Human Rights (from two children born here to a later wife) and a probation report suggesting a low (but not non-existent) risk of reoffending.

The trouble with the United Nations’s fringe organisations

From our UK edition

A new year is a good time for nations, like families, to review the institutions they support. For 2024 I have a suggestion for the UK: it could do worse than standing back and considering hard how it should deal in future with the United Nations and its offshoots. We’re not talking here about leaving the UN as a whole. Except for the lunatic Republican fringe in the United States, there is no serious call for any country to do this. Indeed, there are legal doubts about whether this is even possible, the charter being silent on the matter. (Indonesia purported to quit in the 1960s, but it soon changed its mind and the episode is now universally forgotten.

The Tories have messed up the return to imperial measurements

From our UK edition

Cheers! You will soon once again be able to buy champagne and wine in pint bottles – Winston Churchill’s favourite measure. It will be possible for the first time since an overbearing Common Market (as it was then) effectively put an end to the practice in 1973. This is very good news, and I’m certainly looking forward to drinking my first pint of fizz – the ideal unit for one person – over dinner.  But look further, and any satisfaction may well vanish in much the same way the bubbles in your celebratory glass might if you put it down too long. How this whole affair of reintroducing imperial measurements has been handled is a horrible sign of a flailing Tory administration that has lost its way.

Why was this Christian teacher hounded for her views on LGBT issues?

From our UK edition

Who’d be a teacher these days? Until about 50 years ago, your outlook didn’t matter very much provided you were reasonably competent. Today the profession is coming close to saying that anyone who doesn’t profess progressive and morally relativistic views shouldn’t bother applying. Glawdys Leger, an experienced Catholic teacher in a Church of England state school, expressed her views on LGBT issues during a religious education lesson. Leger also raised objections to teaching LGBT material. She was sacked by Bishop Justus CofE School in Bromley, south London, in May 2022, but her troubles didn't end there.

The CofE’s same sex blessings stance is even more illogical than the Vatican’s

From our UK edition

Traditionalists in the Church of England and the Catholic church don't, of course, always see eye to eye. But on the issue of gay marriage and same-sex relations they may have found some common ground. In a landmark ceremony last week, the Church of England blessed a same-sex couple's relationship for the first time. Prayers for two women – Catherine Bond and Jane Pearce – were held at St John the Baptist Church, in Felixstowe, Suffolk. As if by chance, this week we also heard about the same issue from the papal Dicastery, the Vatican body tasked with maintaining sound doctrine. Five conservative cardinals had submitted a dubium (i.e. awkward question) about whether blessings of same-sex unions were reconcilable with either scripture or church teaching.

The unexpected free speech threat coming from Northern Ireland

From our UK edition

Threats to free speech can come from unexpected places these days. A law passed in Northern Ireland has troubling implications for what can be said or reported about serious sexual misconduct, not only in Belfast, but also in London. Victims of sexual offences are granted lifetime anonymity in the UK. The law bans publications from printing anything that could publicly identify them. But since September, the Northern Ireland Justice (Sexual Offences and Trafficking Victims) Act goes way further. It extends the gag to 25 years after the victim’s death unless a court decides otherwise, and allows any relative down to a great-grandchild to petition the court to prolong it if it thinks this in the public interest.

If France can ignore the ECHR, why can’t we?

From our UK edition

A couple of weeks ago, according to a story broken last Friday in Le Monde, the French government did the unthinkable. ‘MA’, as he has been dubbed by the French press, is an Uzbek exile and alleged radical Islamist who has long been a thorn in France’s side. Allegedly linked to the Islamist party Hizb-ut-Tahrir (which he denies), he had fled Uzbekistan after facing criminal proceedings in 2015, and was denied refugee status in Estonia. France, having found him to be someone ‘embedded in the jihadist movement’ with a desire to fight in Syria, followed suit and served him an expulsion order.

The insidious powers lurking in the Criminal Justice Bill

From our UK edition

The Conservative party used to be the party of individual liberty. No longer, it seems – at least if the Criminal Justice Bill just introduced in the House of Commons is anything to go by. It’s not simply the worrying powers it promises that will interfere with people at home (for example, it contains police powers to enter homes without a warrant to search for items of stolen property, or to seize the knives you keep at home, potentially without compensation, on the mere suspicion that they might be used criminally). Discreetly lurking in the Bill (in schedule 6, since you ask) is something much more serious: something which comes very close to a power in the police to legislate permanently for what you and I are allowed to do in public.