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05 August 2020 / John Bowers KC
Issue: 7898 / Categories: Features , Profession , Human rights , Military
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A force to be reckoned with

John Bowers QC reports on the gay servicemen case…20 years on

It is now 20 years since the ban on gay men and women serving in the military was lifted and I acted (together with David Pannick QC, Laura Cox, the late Peter Duffy and several others) in the ground breaking case which led to this change. I represented one of the applicants, the naval claimant John Beckett. The case which led to the new open policy being adopted was decided by the European Court of Human Rights (ECtHR) on 27 September 1999. We had lost at each stage in the UK but won at Strasbourg and that led to the change in practice which did not require legislation (there was an announcement in the House of Commons by the Secretary of State for Defence).

In retrospect, with the distance of twenty years (and the changes in societal attitudes) it just seems so obvious that we should have won the case in the UK but it was very hard fought and success was not at all assured.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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