Eleanor Sharpston QC...You be the Judge

Quel surprise!

The Government has nominated Ms Eleanor Sharpston QC to replace Advocate General Francis Jacobs, who will retire at the end of December from the European Court of Justice in Luxembourg.

Ms Sharpston’s nomination, which follows an open competition for the post, is the UK's first female nomination to the European Court of Justice. Ms Sharpston's nomination requires the approval by common accord of the Governments of all the Member States.

If approved, it is expected that Ms Sharpston would take up her duties in January 2006.

Ms. Sharpston QC is well remembered for being prosecuting Counsel in the Metric Martyr's case. It is quite clear now why she was chosen.
All was not perfect however, as she forgot to apply for costs for Sunderland City Council in the first hearing at Sunderland Magistrates Court and waited to do so in the Court of Appeal. Her request was denied by Lord Justice Laws who stated that she should have been aware that the order should have been made in the court below. The costs were £65,000 + vat...paid for by the unsuspecting ratepayers of Sunderland!
Despite that however, LJ Laws was not that compassionate with the costs from the administrative court. He stated that yes, the case was of public interest, and yes, the men were of limited means...then hit them with an order for costs of over £100,000.

More recently, the same Ms. Sharpston has provided another legal opinion for Sunderland City Council which stands the verdict and logic of Justice Laws in the Metric case SHE WON on its head...stating that the Road Traffic Act 1991 was express in its intent (LJ Laws said any ordinary Act must 'expressly repeal' the Bill of Rights...not the same. The 1985 Weights and Measures Act was express in its intent...but did not expressly repeal the relevant section of the 1972 European Communities Act, described by Laws as a 'constitutional statute.')
The opinion by Sharpston is that upon which Sunderland Council justifies the continued use of its decriminalised parking regime and its unlawful issuing of parking fines.

It appears as though Ms Sharpston is prepared to give such assistance to Sunderland City Council in a desperate attempt to avoid the conflict which would arise from the 'Metric Martyrs' Judgment being declared unsafe.