Jacob Gifford Head

@giffordhead

Barrister & mediator. Things I like: legal history & legal oddities; music & musical instruments; Mesopotamian history; & Portuguese wine and Port. My professional website is: Please email rather than DM! Forgive typos.

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Jacob Gifford Head@giffordhead· Jul 13

For years I've wanted some of the crockery designed by David, Marquess of Queensberry for Crown Staffordshire in the 1950s depicting an assortment of musical instruments. Really pleased that suddenly a few turned up quite cheaply on ebay!

Two dishes, one circular, one and angular oval with monochrome engravings of early instruments in brown and black.

Jacob Gifford Head@giffordhead· Jul 13

I wonder if one motivation is to run this sort of argument? It seems to me that compensation on an wrongful / unfair dismissal basis is probably at the lower end of what could be obtained if something like this sticks.

The consequences of her success in relation to Haringey are more complicated. She is not seeking to be restored to the position of DCS. She recognises that too much water has flowed under the bridge for that. However, her dismissal was the result of a decision that was unlawful in public law and not just contractual or unfair dismissal terms. The submission on her behalf is that the dismissal was a nullity and, as that has not been cured by any later lawful decision, she is entitled to her salary and other benefits from that day to this on the McLaughlin basis. Because of the way he approached the case, the Judge expressed no view about relief.

Jacob Gifford Head@giffordhead· Jul 12

Apologies for another South East Water rant but if the “Water Supply Director” decides to spam us all with his inadequately reasoned answers to “common concerns” his SEW deserves full opprobrium. No, Douglas, the answer to your question 4 is “yes” & predicable per your last penultimate sentence.

4. You haven’t invested enough and now expect me to make the sacrifice.

Investment in your water supply happens in five year cycles. We’re in year two of the current five year cycle.

In the last cycle 2020 to 2025 (ended in March 2025) we invested every penny we were allowed to by our regulator Ofwat, and even put in an extra £100 million more because we needed more investment.

For the current cycle (April 2025 to March 2030) we’re investing £2.1 billion, the most amount of money in any cycle ever. Through this, we’re in the process of building the infrastructure to make us more resilient.

We are sincerely sorry that we’ve had to once again ask you to stop using your hosepipe during summer. It’s not a decision we’ve taken lightly.

Right now demand is continually high and we do not want to see you go without water. So the temporary restrictions are one action, alongside many others we’re doing to keep taps flowing.

Jacob Gifford Head@giffordhead· Jul 12

This was quite triggering because about 3 seconds in we see a video of the very distinctive murals of my favourite menware retailer of the ’60s and ’70s—Lord John—which was very definitely not on [the] King’s Road but on Carnaby Street!

Jacob Gifford Head@giffordhead· Jul 12

The more traditional objection is to the direction set out in the second box on the first page of the score...

Jacob Gifford Head@giffordhead· Jul 10

This case, where a CAFCASS officer "holed under the water" any ability to settle a case by making recommendations contrary to court orders and findings is troubling. Though the error, whilst not common, is not unique. The comments about the "presumption of contact" are significant & accurate, too.

Legal principles
This hearing considers the welfare of the child. Her welfare is my paramount concern and entirely governs my decision-making. I approach her welfare through the prism of the welfare checklist found in section 1(3) Children Act 1989. This is a checklist of factors which assists the Court in ensuring key considerations are kept in mind. The Court is permitted to look outside of this checklist to consider 'all the circumstances of the case'. There is a general recognition that children benefit from having a relationship with both parents so long as such a relationship is safe (both for the child and the adults around the child). This is enshrined in the Children Act 1989 although this presumption is currently under review and there is a real likelihood the legal presumption will be removed. It may be it is replaced with an alternative presumption or the presumption may be removed altogether. That being said in my experience I cannot recall a case in which the presumption operated in such a manner as to materially change the outcome otherwise set by the assessment undertaken with regard to the welfare checklist.

Jacob Gifford Head@giffordhead· Jul 9

I am fortunate to live within a few minutes walk of a Majestic which means I nominally get a good selection of wine on my doorstep. The problem is that English people have such boring tastes in wine! That said, they now stock 3 Lebanese red which is nice. This is their middle priced one.

Pic of a Grand Cuvée Pierre Brun by Domaine des Tourelles.

Jacob Gifford Head@giffordhead· Jul 7

As so often after a glass of white wine, I find myself returning to a proper wine. This Apostoles Palo Cortado sherry by Gonzalez Byass is just so much better than the Soave. Wonderful complexity, though perhaps edged by the Matusalem oloroso from this range. Just enough sweetness, too.

Pic of a glass: brownish liquid; next to a half bottle.

Jacob Gifford Head@giffordhead· Jul 7

The non-fortified, non-sparkling white wine options at home consisted of many bottles of Gewürztraminer & some Vino Verde. So I thought I would do the terrifying thing of going to the wine merchant to buy another. I really have no idea what I'm doing! So I went for this...

Pic of a bottle with a colourful label titled "Hey French - You could have made this but you didnt".

Jacob Gifford Head@giffordhead· Jul 6

The numerous discussions about Belgium and the meaning of words encouraged me to open some Rodenbach Grand Cru tonight. Why Rodenbach? Because it used to be advertised as "Rodenbach - it's a wine" showing the Belgiums are more than capable of abusing language when they wish...

Pic of a bottle next to a small straight glass containing the cola coloured beer with no head.

Jacob Gifford Head@giffordhead· Jul 6

Was this you?!

I went upstairs on more than one occasion and there were live musicians in the form of a pianist and violinist in evening clothes. It was charming and special.

Downstairs, many were downing glasses of "Australian White Port". I knew that ladies in particular started on this and then began a pub crawl of 4,5,6 City pubs before concluding the night with another white port at Yates. I worked in a factory in my college vac and one of the girls there that I liked invited me out on said pub crawl.

At the time, I was a half pint only student.

Sam, the foreman gently took me to one side, explained the Yates/Pubs/Yates routine. " don't go, they will kill you". I demurred but learnt that they had done

the Dog and Bear, The Flying Horse, The Bell, The Imperial within the Yates sandwich. Sam was right as the ladies were on pints between the white port!

I wimped out

Jacob Gifford Head@giffordhead· Jul 2

Even more remarkably she blames much of this on the CPS which put out an "egregiously" wrong press release setting out the offenders had been sentenced for a "knifepoint" rape where one victim had been made to leave her 'phone and Air Tag in a shop so she could not be tracked.

185. Both statements were inaccurate. On the judge’s findings, there was no knife-
point rape and, as captured on CCTV footage, C2 had left her mobile phone
and Airtag in a shop of her own accord. The statements portrayed the offending
as even more serious than it already was.

Jacob Gifford Head@giffordhead· Jul 2

The coda to the Lady Chief Justice's judgment the Attorney General's appeal against non-custodial sentences against the teenage perpetrators of the Fordingbridge Rape Case is worth reading. She is incredibly critical of MPs and the media for the public commentary. www.judiciary.uk/judgments/x-...

179. It is a matter of significant concern to us that these events have become a
matter of intense public debate before the legal process has concluded. Ms
Wade KC and Mr Evans, on behalf of X, put the matter this way:
“…Regrettably, inaccurate reporting has encouraged inappropriate
commentary within the media with inevitable consequences. [X] has
felt unable to leave his home for fear of being the victim of
discrimination and/or violence. The trial Judge has been wrongly
vilified by the public. It is submitted that if any of the persons involved
in this process (however great or small) had spent even a day in Court
during the trial and witnessed firsthand the impeccable conduct of [the
judge] throughout these proceedings they would almost certainly be
embarrassed.”
180. The dangers of public comment by members of Parliament, the media and
others on matters still proceeding through the courts and tribunals are self-
evident, the most obvious being the risk of proceeding on the basis of an
inaccurate or incomplete understanding of the facts (and the law).

Jacob Gifford Head@giffordhead· Jun 29

At least Lord Hughes admitted the problem in Ivey v GC at ¶47. This is absolutely classic sticking a finger up in the air jurisprudence.

These far from sophisticated examples demonstrate the inevitable truth that there will be room for debate at the fringes as to what does and does not constitute cheating. To label an activity “advantage play”, as Mr Ivey and others did, is of no help at all. It asks, rather than answers, the question whether it is legitimate or cheating. It would be very unwise to attempt a definition of cheating. No doubt its essentials normally involve a deliberate (and not an accidental) act designed to gain an advantage in the play which is objectively improper, given the nature, parameters and rules (formal or informal) of the game under examination. The question in the present case, however, does not depend on the near impossible task of formulating a definition of cheating, but on whether cheating necessarily requires dishonesty as one of its legal elements.

Jacob Gifford Head@giffordhead· Jun 28

Some remarkable timetable padding going on!

Screenshot of Google maps showing that fast train from London is timetabled to take 9 mins between Cambridge South and Cambridge.

Jacob Gifford Head@giffordhead· Jun 25

It will come as a surprise to no-one who has the misfortune to be in South East Water’s area that they are bringing in a hosepipe ban. It is how we now celebrate the start of high Summer. Last year’s one lasted from 18 July to 5 February (!) so I guess we can mark the start of Spring with it, too.

Jacob Gifford Head@giffordhead· Jun 24

The relevant passage is here: www.sefaria.org/Eruvin.13b?l...

תָּנוּ רַבָּנַן: שְׁתֵּי שָׁנִים וּמֶחֱצָה נֶחְלְקוּ בֵּית שַׁמַּאי וּבֵית הִלֵּל. הַלָּלוּ אוֹמְרִים: נוֹחַ לוֹ לְאָדָם שֶׁלֹּא נִבְרָא יוֹתֵר מִשֶּׁנִּבְרָא, וְהַלָּלוּ אוֹמְרִים: נוֹחַ לוֹ לְאָדָם שֶׁנִּבְרָא יוֹתֵר מִשֶּׁלֹּא נִבְרָא. נִמְנוּ וְגָמְרוּ: נוֹחַ לוֹ לְאָדָם שֶׁלֹּא נִבְרָא יוֹתֵר מִשֶּׁנִּבְרָא, עַכְשָׁיו שֶׁנִּבְרָא — יְפַשְׁפֵּשׁ בְּמַעֲשָׂיו. וְאָמְרִי לַהּ: יְמַשְׁמֵשׁ בְּמַעֲשָׂיו.
The Sages taught the following baraita: For two and a half years, Beit Shammai and Beit Hillel disagreed. These say: It would have been preferable had man not been created than to have been created. And those said: It is preferable for man to have been created than had he not been created. Ultimately, they were counted and concluded: It would have been preferable had man not been created than to have been created. However, now that he has been created, he should examine his actions that he has performed and seek to correct them. And some say: He should scrutinize his planned actions and evaluate whether or not and in what manner those actions should be performed, so that he will not sin.

Jacob Gifford Head@giffordhead· Jun 23

Me too. Though mine is from a can...

Jacob Gifford Head@giffordhead· Jun 22

I appreciate this was a small claim so CPR 32.18.1 (which requires witness statements to contain the witnesses’ “own words”) does not apply but this sentence caused me to raise my eyebrows. Templated witness statements are common in some areas of law & sometimes go quite spectacularly wrong.

The AI firm provided all of the documents for the trial, including drafting witness statements, demonstrating the potential for the technology to help clients in run-of-the-mill legal disputes.

Jacob Gifford Head@giffordhead· Jun 22

Artist’s impression.

Pic of David Suchet as Poirot in a linen suit.

Jacob Gifford Head@giffordhead· Jun 22

This is a really interesting question. This quite-recent report from the Institute for Jewish Policy Research suggests 17% of the overall converts did so through an Orthodox process. That’s about 41 a year on the numbers quoted in the Guardian. 1/2

The table from page 79 of the report: https://www.jpr.org.uk/sites/default/files/attachments/Jews%20in%20the%20UK%20today%20-%20Feb%202024%20-%20Jewish%20identity%20report.pdf

Jacob Gifford Head@giffordhead· Jun 22

My chambers, @thomasmorechambers.bsky.social, is vaguely named after More LC, due to starting off in the building on the corner of Carey Street behind the RCJ with a statute of him. This periodically causes problems since almost everything else law-related named after him is a Christian one!

Pic of the statute: white, late Victorian, surrounded by red bricks.

Crop from: https://upload.wikimedia.org/wikipedia/commons/4/4b/Thomas_More_Chambers%2C_Holborn_%2803%29.jpg

Jacob Gifford Head@giffordhead· Jun 19

It is abundantly clear to me that they think national security is a trump card & anyone who does not yield to it should be coerced into submission. This is particularly bad when it come from lawyers. I think they need a crash-course in the UN’s Basic Principles on the Role of Lawyers.

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

Jacob Gifford Head@giffordhead· Jun 16

No: further South. Their coverage area is really, really strange! I’m not sure if the bit around Basingstoke has the same problems as the bits of Kent and Sussex they cover.

Map from here: https://www.southeastwater.co.uk/about/who-we-are/

Jacob Gifford Head@giffordhead· Jun 16

The judgment makes it clear that at least part of the article is quite significantly wrong. See the first screenshot compared to the next two.

Finding of terrorist connection for purposes of section 29(1C) Criminal Procedure and
Investigations Act 1996
6. At an early pre-trial hearing in this case, on 27 March 2025, the prosecution applied for
the court to make a “terrorist connection” ruling for the purposes of section 29(1C) of
the Criminal Procedure and Investigations Act 1996. After hearing submissions, I found
that there was a “terrorist connection” for the purposes of the 1996 Act. The effect of
that decision was that the court was required to hold a preparatory hearing, before the
jury was sworn, for case-management purposes: section 29(1C) read with section 29(1).
7. I made clear at the time of the ruling on 27 March 2025 that the ruling did not have any
effect whatsoever on how the defendants would be sentenced in the event of conviction.
In particular, it did not mean that the court would find, for the purpose of sentencing,
that the offence had a terrorist connection. The test that was applied pre-trial under
section 29(1C) of the 1996 Act is different from the test that now applies, for the
purpose of sentencing, under section 69 of the Sentencing Act 2020. The evidential
basis for the application of the test is also different. The 1996 Act requires a pre-trial
assessment, before any evidence has been tested, as to what the evidence on the
indictment “appears” to reveal. The 2020 Act requires a finding as to whether the
prosecution has established, to the criminal standard of proof, on the contested evidence
that has been heard, that the test for a terrorist connection has been met.

But Johnson was never going to give any of them a sentence of only eighteen months. Not because of the criminal damage offence the jury had convicted them all of, but because of a decision he had made eight months before the first trial began, in March 2025. In a preliminary hearing, the prosecution applied for the defendants, if convicted, to be sentenced under Section 69 of the Sentencing Act 2020

ohnson rolled his Section 69 decision over from the first trial – when the jury acquitted some defendants and failed to reach a verdict on the other charges – to the second. Appearing late on Friday afternoon, he declared himself ‘bound by the legislation’ to sentence the four to ‘special custodial sentences’ as terrorists. He didn’t mention that it was his choice to approve the application fifteen months ago, or that it was the prosecutors’ choice to limit the charges to criminal damage and grievous bodily harm and to make the Section 69 application.

Jacob Gifford Head@giffordhead· Jun 13

I opened this Castelão from 2020 by Espera (vaguely near Lisbon) because I am the only person drinking tonight and no-one else in my household likes it!

Jacob Gifford Head@giffordhead· Jun 13

I feel sorry for the poor chef whose use of good salt has obviously backfired!

Remember we are just a walk in Restaurant - No bookings taken

We use Maldon sea salt on our dishes, please stop mistaking this for Glass -thank you

Jacob Gifford Head@giffordhead· Jun 12

The new LexisNexis search box is rather AI-tastic but rephrasing “Search” as “What task would you like to accomplish today?” is rather amusing in some areas of law.

A search box labelled “What task would you like to accomplish today?” with the search terms being “Severance of a joint tenancy by homicide.”

Jacob Gifford Head@giffordhead· Jun 12

An email arrives from a good wine shop which includes this rather candid observation about one of their Portuguese wines. The result is that it is being offered at as little as less than one-third of the price of the next vintage. Any ideas what might have happened?! And would you take a punt?

The style is typically silky and gently rich, except in 2020 an issue with the filtering before bottling made it much more tannic than usual. The teddy bear became a Gruffalo.

Jacob Gifford Head@giffordhead· Jun 9

The only area of the sector which has nailed bottle design is Madeira.