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27.11.13

Taking on the Duchy by Dr John Kirkhope

During the course of my Ph. D. research I made a number of Freedom of Information Requests. In some I succeeded in getting the information I requested in other cases I did not. 

There was one matter which related to a record held in the National Archive which was marked closed and which the National Archive refused to open in which decision they were supported by the Information Commissioner. I decided to pursue the matter to a Tribunal hearing. I had no realistic prospect of success; I was interested, as a lawyer, to see how the process worked.

Of course, like everyone I have heard of the term “the establishment” but had no personal experience of it. Immediately we arrived in Court on the first day it was made clear to me what the expression meant. We were three, my legal executive, my barrister and myself. I lost count of the number of lawyers employed by those opposing us. They included a QC a further two barristers and I don’t know how many solicitors including the regular attendance of a solicitor from the firm which represents the Queen. The court was also attended by a number of senior civil servants. The witnesses they called included three Knights of the Realm. In summary matched against us there were nineteen people. Indeed there was hardly enough space to include all those attending. The case was originally scheduled for two days but in fact extended over three. During the course of the case there was discussion, albeit theoretical, about whether I was in breach of Parliamentary Privilege and could be imprisoned.
I have no knowledge of what the cost of the hearing was given the resources which the other side devoted to defending the case. Suffice to say we the tax payers paid the bills not the Duchy or Duke of Cornwall. After the case was completed I was told via a third party that someone in the Cabinet Office stated “I had no idea how much trouble I had caused” and my barrister was informed in the gentle round about way these things are done maybe he would think carefully before taking on a similar case.
I discovered from this experience there is an establishment which is peopled by anonymous men in grey suits. Furthermore even though my case was in many ways trivial and stood no realistic chance of success if you take on the establishment and specifically the Duke of Cornwall the establishment can and will deploy resources against you which an ordinary private citizen cannot hope to match. Finally I will admit the experience was intimidating and not one which I shall forget quickly.
John Kirkhopes new book - An Introduction to the Laws of the Duchy of Cornwall, The Scilly Isles and Devon - is now available in all good bookshops.

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