Member

In the build-up to the passing of the ETDA, the Law Commission debated for some time the desirability of including guidance for the courts. At first, it decided against. However, following consultation with Lord Justice Fraser, the Law Commission changed its stance, since he urged the commission to include it and said that it would be useful for the courts. Amendment 207 encompasses that very same guidance. It is in our trade law and should be in our courts. This is the very same Lord Justice Fraser who finally broke open the sub-postmasters case and whom the MoJ has studiously ignored in finding a solution on the reliability of evidence. Amendment 207 takes his advice. It mirrors the provision in providing guidance to the court. It is not prescriptive and, given its excellent provenance, I trust that the Government will not find it wanting.