Misplaced Pages

#629370

81-454: The HIV Haemophilia Litigation [1990] 41 BMLR 171, [1990] 140 NLJR 1349 (CA), [1989] E N. 2111, also known as AMcG002, and HHL, was a legal claim by 962 plaintiffs , mainly haemophiliacs (but also their wives, partners and children), who were infected with HIV as a result of having been treated with blood products in the late 1970s and early 1980s. The first central defendants were the then Department of Health , with other defendants being

162-616: A " meaningful vote " on any Brexit deal Britain agrees with the European Union. Clarke endorsed Rory Stewart during the 2019 Conservative leadership election . In September 2019, after Conservative Prime Minister Boris Johnson lost a number of key votes in the House of Commons, Clarke stated that it would be "not inconceivable" for him to become Prime Minister leading a government of national unity in order to revoke Article 50 and prevent Brexit. Other politicians who were suggested for such

243-588: A 17 year old and a 15 year old. In 2011 and 2012, Clarke faced criticism for his Justice and Security Bill, in particular those aspects of it that allow secret trials when "national security" is at stake. The Economist stated: "the origins of the proposed legislation lie in civil cases brought by former Guantánamo detainees, the best-known of whom was Binyam Mohamed , alleging that government intelligence and security agencies (MI6 and MI5) were complicit in their rendition and torture". Prominent civil liberties and human rights campaigners argued: "the worst excesses of

324-712: A Party renowned for its tough stance on law and order. He signalled that fathers who fail to pay child maintenance, disqualified drivers and criminals fighting asylum refusals could be among the first to benefit and should not be sent to prison. Clarke announced in February 2011 that the Government intended to scrutinise the relationship between the European Court of Human Rights and national parliaments. In May 2011, controversy related to Clarke's reported views on sentencing for those convicted of rape resurfaced after an interview on

405-599: A budget surplus for the following four years. Interest rates, inflation and unemployment all fell during Clarke's tenure at HM Treasury . Clarke's success was such that Brown felt he had to pledge to keep to Clarke's spending plans and these limits remained in place for the first two years of the Labour Government that was elected in 1997. The matter of a referendum on Britain joining the planned euro – first raised by Margaret Thatcher in 1990 – was, after much press speculation, raised again at Cabinet by Douglas Hogg in

486-560: A device. In December 1996, after Foreign Secretary Malcolm Rifkind had commented that it was unlikely that the government would join the euro, Clarke and Heseltine took to the airwaves – in apparent unison – to insist that the government retained a free choice as to whether or not to join, angering Eurosceptics. When Tory Party Chairman, Brian Mawhinney , was understood to have briefed against him, Clarke declared: "tell your kids to get their scooters off my lawn" – an allusion to Harold Wilson 's rebuke of Trades Union leader Hugh Scanlon in

567-421: A favour by getting rid of Boris. The idea of Boris as prime minister is ridiculous." In February 2017, following the death of Sir Gerald Kaufman , Clarke became Father of the House . He was re-elected as an MP in the 2017 general election . In December 2017, he voted along with fellow Conservative Dominic Grieve and nine other Conservative MPs against the government, and in favour of guaranteeing Parliament

648-508: A lot of rich doctors". In her memoirs Thatcher claimed that Clarke, although "a firm believer in state provision", was "an extremely effective Health minister – tough in dealing with vested interests and trade unions, direct and persuasive in his exposition of government policy". In January 1989, Clarke's White Paper Working for Patients appeared; this advocated giving hospitals the right to become self-governing NHS Trusts , taxpayer-funded but with control over their budgets and independent of

729-578: A minister is the fifth-longest in the modern era. He has spent over 20 years serving under Prime Ministers Edward Heath , Margaret Thatcher, John Major and David Cameron. He was one of only five ministers ( Tony Newton , Malcolm Rifkind , Patrick Mayhew and Lynda Chalker are the others) to serve throughout the whole 18 years of the Thatcher–Major governments, which represents the longest uninterrupted ministerial service in Britain since Lord Palmerston in

810-624: A position which he enjoyed. In the 2014 Cabinet reshuffle, after more than 20 years serving as a Minister, it was announced that Clarke had stepped down from government, to return to the backbenches. Clarke was honoured with appointment as a Member of the Order of the Companions of Honour , upon the Prime Minister's recommendation, in July 2014. His total time as a government minister is the fifth-longest in

891-650: A question was posed as to whether hepatitis was likely to become "another item for which haemophiliacs would seek litigation" and whether it was advisable for the Haemophilia Centre Directors to continue to collect data. Later in the same meeting, Dr Simpson confirmed that the Haemophilia Society should not be given hepatitis data. On 19 May 2022, The Daily Telegraph reported that during the HIV litigation, information had been withheld from litigants and that

SECTION 10

#1733084689630

972-529: A requisite undertaking had been inserted into the legal proceedings which served to exclude future legal action if plaintiffs were later found to be infected with hepatitis C. On 10 May 2022, oral evidence was given to the Infected Blood Inquiry by haematologist Dr Andrzej Rejman, a former Senior Medical Officer from March 1989. He admitted that the Department of Health had asked Health Authorities at

1053-503: A role at the time included Harriet Harman , his female counterpart as Mother of the House of Commons. Lib Dem leader Jo Swinson supported the proposal, though Boris Johnson and Jeremy Corbyn , the Leader of the Opposition , both dismissed the suggestion. As it turned out, a vote of no-confidence was not in fact tabled against Boris Johnson's government and no such government of national unity

1134-402: A second ballot; she referred to him in her memoirs as a candid friend : "his manner was robust in the brutalist style he has cultivated: the candid friend". Clarke came to work with John Major very closely, and quickly emerged as a central figure in his government. After continuing as Education Secretary (1990–92), where he introduced a number of reforms, he was appointed as Home Secretary in

1215-560: A second time in 2001 . Despite opinion polls again showing he was the most popular Conservative politician with the British public, he lost in a final round among the rank-and-file membership, a new procedure introduced by Hague, to a much less experienced, but strongly Eurosceptic rival, Iain Duncan Smith . This loss, by a margin of 62% to 38%, was attributed to the former Chancellor's strong pro-European views being increasingly out-of-step with

1296-502: A small minority in Cabinet, Major once again deferred a decision. Major, Heseltine and Clarke eventually reached agreement in April 1996, in what Clarke describes as "a tense meeting ... rather like a treaty session", that there would be a commitment to a referendum before joining the euro, but that the pledge would be valid for one Parliament only (i.e. until the general election after next), with

1377-412: Is you I'm holding responsible if my NHS reforms don't work". By 1994 almost all hospitals had opted to become trusts but GP fundholding was much less popular. There were allegations that fundholders received more funding than non-fundholders, creating a two-tier system. GP fundholding was abolished by Labour in 1997 and replaced by Primary Care Groups. According to John Campbell , by "the mid-1990s

1458-520: Is an enemy of mine." In the party leadership contest of 1995, when John Major beat John Redwood , Clarke kept faith in Major and commented: "I don't think the Conservative Party could win an election in 1,000 years on this ultra right-wing programme". Clarke enjoyed an increasingly successful record as Chancellor, as the economy recovered from the recession of the early 1990s and a new monetary policy

1539-603: The Great Offices of State as Home Secretary and Chancellor of the Exchequer . He contested the Conservative Party leadership three times—in 1997 , 2001 and 2005 —being defeated each time. Opinion polls indicated he was more popular with the general public than with his party, whose generally Eurosceptic stance did not chime with his pro-European views. Under the coalition government of David Cameron , he returned to

1620-571: The United States , as well as in both Northern Ireland and the Republic of Ireland , the legal term "plaintiff" is used as a general term for the party taking action in a civil case. The word plaintiff can be traced to the year 1278, and stems from the Anglo-French word pleintif meaning "complaining". It was identical to " plaintive " at first and receded into legal usage with the -iff spelling in

1701-401: The contaminated blood scandal . It was the largest loss-of-life disaster in Britain since the 1950s and claimed the lives of thousands of haemophiliacs . Theresa May ordered a public inquiry into the contaminated blood scandal in July 2017. In July 2021, Clarke gave oral evidence to the inquiry with his demeanour being widely branded "arrogant, pompous and contemptuous" by the press. It

SECTION 20

#1733084689630

1782-417: The regional health authorities . It also proposed that doctors be given the option to become " GP fundholders ". This would grant doctors control of their own budgets in the belief that they would purchase the most effective services for their patients. Instead of doctors automatically sending patients to the nearest hospital, they would be able to choose where they were treated. In this way, money would follow

1863-659: The 15th century. A plaintiff identified by name in a class action is called a named plaintiff . In most common-law jurisdictions, the term "claimant" used in England and Wales since 1999 (see below) is used only in specific, often non-judicial contexts. In particular, in American usage, terms such as "claimant" and "claim form" are limited to extrajudicial process in insurance and administrative law . After exhausting remedies available through an insurer or government agency , an American claimant in need of further relief would turn to

1944-611: The Cabinet as Justice Secretary and Lord Chancellor from 2010 to 2012 and Minister without Portfolio from 2012 to 2014. He was also the United Kingdom Anti-Corruption Champion from 2010 to 2014. The Conservative whip was withdrawn from him in September 2019 because he and 20 other MPs voted with the Opposition on a motion; for the remainder of his time in Parliament he sat as an independent , though still on

2025-628: The Cabinet as Paymaster General and Employment Minister (1985–87) (his Secretary of State, Lord Young of Graffham , sat in the Lords), and served as Chancellor of the Duchy of Lancaster and Minister of the DTI (1987–88) with responsibility for Inner Cities. While in that position, Clarke announced the sale to British Aerospace of the Rover Group , a new name for British Leyland , which had been nationalised in 1975 by

2106-519: The Cambridge Union as a young man, and he displayed amusement at hearing his then-stereotypical upper class accent. Clarke is deemed one of the Cambridge Mafia , a group of prominent Conservative politicians who were educated at Cambridge in the 1960s. After leaving Cambridge, Clarke was called to the bar in 1963 at Gray's Inn , and was made Queen's Counsel in 1980. Clarke sought election to

2187-587: The Department of Health in relation to blood-borne viruses . In 2003, The Guardian reported that the waivers prevented infected haemophiliacs and other plaintiffs from suing specifically if it "was later found that they had hepatitis C as well". The validity of the waivers has more recently been brought into question in the wording of the Group Litigation Order in Jason Evans & Others [2017], where at 1.4. it's suggested that any undertakings given by

2268-465: The Government of Harold Wilson . Clarke was appointed the first Secretary of State for Health when the department was created out of the former Department of Health and Social Security in July 1988. Clarke, with backing from John Major, persuaded Thatcher to accept the controversial " internal market " concept to the NHS . Clarke claimed that he had persuaded Thatcher to introduce internal competition in

2349-482: The Government's long-term options remaining completely open; Clarke threatened to resign if this formula were departed from. Clarke, writing in 2016 after the Brexit Referendum , comments that he and Heseltine later agreed that they had separately decided to give way because of the pressure Major was under, and that the referendum pledge "was the biggest single mistake" of their careers, giving "legitimacy" to such

2430-535: The Haemophilia Society in their first written submission to the Archer Independent Inquiry because it was felt by many haemophiliacs that the government of the time was already aware of the true scale of infection with non-A non-B hepatitis (NANBH) in those who had been treated with blood products. During the course of a meeting of the AIDS Group of the Haemophilia Centre Directors held on 12 February 1990,

2511-615: The House of Commons almost immediately after leaving university. His political career began by contesting the Labour stronghold of Mansfield at the 1964 and 1966 elections. In June 1970 , just before his 30th birthday, he won the East Midlands constituency of Rushcliffe in Nottinghamshire, south of Nottingham , from Labour MP Tony Gardner . Clarke was soon appointed a Government whip , and served as such from 1972 to 1974; he, with

HIV Haemophilia Litigation - Misplaced Pages Continue

2592-679: The Licensing Authority of the time, ( MCA ), the CSM (the Committee on the Safety of Medicines), the CBLA (Central Blood Laboratories Authority), and the regional health authorities of England and Wales. In total, there were 220 defendants in the action. The litigation commenced around April 1989 and by 7 July 1989, at least 300 plaintiffs had joined the action. Within four months another 300 haemophiliacs had joined

2673-549: The NBTS, on the screening of donors, on steps to limit the infection with hepatitis, and on heat-treatment of blood products. No one could doubt the sincerity of the efforts of those in the Department to protect and to assist the plaintiffs as patients in the National Health Service, but on the pleaded case grave errors of judgment were made. Even if there was no grave error of judgment it appears to be not in dispute that there

2754-461: The NHS as an alternative to her preference for introducing a system of compulsory health insurance, which he opposed. He told his biographer Malcolm Balen: " John Moore was pursuing a line which Margaret [Thatcher] was very keen on, which made everything compulsory medical insurance. I was bitterly opposed to that...The American system is...the world's worst health service – expensive, inadequate and with

2835-510: The NHS was not safe in Conservative hands. Clarke later claimed that the BMA was "the most unscrupulous trade union I have ever dealt with and I've dealt with every trade union across the board". Although Thatcher tried to halt the reforms just before they were introduced, Clarke successfully argued that they were necessary to demonstrate the government's commitment to the NHS. Thatcher told Clarke: "It

2916-416: The NHS was treating more patients, more efficiently than in the 1980s...the system was arguably better managed and more accountable than before". Studies suggest that while the competition introduced in the "internal market" system resulted in shorter waiting times it also caused a reduction in the quality of care for patients. Clarke has been the subject of criticism over the decades for his involvement in

2997-554: The National Health Service Act 1977. On 20 September 1990, the Court of Appeal heard an appeal concerning discovery where an order of 31 July 1990 had been made by Mr Justice Rougier that required the first central defendant, the Department of Health, to surrender some, but not all of 600 files of historic papers spanning 1972 to 1986, on which they were asserting public interest immunity (PII). The appeal had been brought by

3078-556: The Parliamentary authorities that his main home was in the Rushcliffe constituency, enabling him to claim a second-home allowance on his London residence, leaving the taxpayer to foot the bill for Council Tax due on that property. However, he told Rushcliffe Borough Council in Nottinghamshire that he spent so little time at his constituency address that his wife Gillian should qualify for a 25% Council Tax (single person's) discount, saving

3159-504: The State of , followed by the name of the state, or People for short. Kenneth Clarke Kenneth Harry Clarke, Baron Clarke of Nottingham , CH , PC , KC (born 2 July 1940) is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997. A member of the Conservative Party , he was Member of Parliament (MP) for Rushcliffe from 1970 to 2019 and

3240-608: The Tories' official Eurosceptic line". On 12 May 2010, Clarke's appointment as Secretary of State for Justice and Lord Chancellor was announced by Prime Minister David Cameron in the Coalition Government formed between the Conservative and Liberal Democrat parties. James Macintyre, political editor of Prospect , argued that in this ministerial role he had instigated a process of radical reform. In June 2010, Clarke signalled an end to short prison sentences after warning it

3321-601: The UK government toward the HIV-infected haemophiliacs. However, the judge's plea was resisted for several months by the Health Secretary, Mr Kenneth Clarke , and was still being rebutted on 16 October 1990. The Chief Medical Officer, Donald Acheson , was also keen for the government to settle the action. The haemophiliac plaintiffs were developing AIDS and 130 infected haemophiliacs had already died by 9 November 1990. The next month,

HIV Haemophilia Litigation - Misplaced Pages Continue

3402-537: The action was settled out-of-court by which time the number of plaintiffs on the roll of names had risen to 1,217. It was reported on 4 February 2022 in the i newspaper that a Department of Health memo, unearthed at the National Archives , revealed that senior government officials held the belief in 1995 that the government would have been found negligent and lost the HIV Haemophilia Litigation had

3483-410: The action, however, by this time, (November 1989) 163 haemophiliacs had already developed full-blown AIDS and 107 had died. There was an initial deadline of 2 February 1990 imposed, but this was extended in order to permit 200 haemophiliac children to sign up to the action. The plaintiff's principal allegations were that the UK government had been negligent in failing to become sufficient as a country in

3564-548: The alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions, the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant according to the rules of civil procedure . In most English-speaking jurisdictions, including Hong Kong , Nigeria , Australia (except in federal jurisdiction), Canada and

3645-561: The assistance of Labour rebels, helped ensure Edward Heath's government won key votes on British entry into the European Communities (which later evolved into the European Union ). Even though Clarke opposed the election of Margaret Thatcher as Conservative Party Leader in 1975, he was appointed as her Industry Spokesman from 1976 to 1979, and then occupied a range of ministerial positions during her premiership. From 2017 to 2019 he

3726-453: The case formally in the name of the monarch, state or government. In many Commonwealth realms, this is the king (or queen, when the monarch is female), named the Crown, abbreviated R , thus R v Defendant (orally, R against (versus) Defendant ). In several U.S. states, including California , Illinois , Michigan , and New York , the prosecution of a criminal case is captioned as The People of

3807-424: The case gone to full trial. On settlement, the plaintiffs were required to sign a Deed of Undertaking, often referred to as a waiver , undertaking not to pursue any further legal action against the Department of Health or other defendants with respect to infection with any other viruses contracted through contaminated blood products. The waivers effectively served as an indemnity against future legal action against

3888-678: The claimants in the HIV Haemophilia Litigation may not be binding upon the claimants, due to it now being deemed "unconscionable for the Defendant to rely upon such undertaking". The decision to implement the waivers was made during the course of the litigation by a high-powered government committee, the Advisory Committee on the Virological Safety of Blood (ACVSB). The use of the waivers has been described as controversial by

3969-453: The contest. However, Thatcher endorsed Clarke's rival William Hague , who proceeded to win the election comfortably. The contest was criticised for not involving the rank-and-file members of the Party, where surveys showed Clarke to be more popular. Clarke rejected the offer from Hague of a Shadow Cabinet role, opting instead to return to the backbenches . Clarke contested the party leadership for

4050-525: The courts, file a complaint (thus establishing a real court case under judicial supervision) and become a plaintiff. In England and Wales , the term "claimant" replaced "plaintiff" after the Civil Procedure Rules came into force on 26 April 1999. The move, which brings England and Wales out of line with general usage in English-speaking jurisdictions, was reportedly based on an assessment that

4131-570: The early 19th century. Clarke was born in Langley Mill , Nottinghamshire, and was christened with the same name as his father, Kenneth Clarke, a Nottinghamshire mining electrician and later a watchmaker and jeweller. The younger Clarke won a scholarship to attend the independent Nottingham High School before going to read for a law degree at Gonville and Caius College, Cambridge , where he graduated with an upper second honours degree . Clarke initially held Labour sympathies, and his grandfather

SECTION 50

#1733084689630

4212-436: The former Chancellor around £650 per year. Land Registry records showed that Clarke no longer had a mortgage on his Nottinghamshire home where he has lived since 1987. Instead he held a mortgage on his London property, which was being charged to the taxpayer at £480 per month. In 2009, Clarke became Shadow Business Secretary in opposition to the then- Business Secretary , Lord Mandelson . David Cameron described Clarke as about

4293-470: The formulation of future policy prepared by civil servants.  Part IV of the Canadian inquiry report by Justice Horace Krever provides a more specific breakdown of the subject matter of the documents which were under consideration during the appeal: documents relating to the drive for self-sufficiency, the allocation of resources, documents on the laboratory ( BPL ) where blood products were manufactured, on

4374-578: The government benches. He stood down as an MP at the 2019 general election and was thereafter made a Conservative life peer in the House of Lords in 2020. Clarke is President of the Conservative Europe Group , Co-President of the pro-EU body British Influence and Vice-President of the European Movement UK . Described by the press as a 'Big Beast' of British politics, his total time as

4455-432: The judgment that he felt "the tragedy was avoidable in the sense that, had different measures been taken in the 1970s and early 1980s, it could, at least in large measure, have been prevented." On 26 June 1990, Mr Justice Ognall took the rare initiative of issuing a handwritten note imploring the parties to give anxious consideration to settling the action out of court. He stressed the moral obligation and duty that fell on

4536-473: The late 1960s. After the Conservatives entered opposition in 1997, Clarke contested the leadership of the Party for the first time. In 1997 , the electorate being solely Tory Members of Parliament, he topped the poll in the first and second rounds. In the third and final round he formed an alliance with Eurosceptic John Redwood, who would have become Shadow Chancellor and Clarke's deputy, were he to have won

4617-505: The modern era after Winston Churchill , Arthur Balfour , Rab Butler , and The Duke of Devonshire . Clarke was opposed to Brexit during the 2016 referendum on the United Kingdom's continued membership of the European Union , and opposed the holding of the referendum in the first place. He was the sole Conservative MP to vote against the triggering of Article 50 . During the 2016 Conservative Party leadership election Clarke

4698-525: The only one able to challenge Mandelson and Brown's economic credibility. Two days later it was revealed that Clarke had warned in a speech a month earlier that President Barack Obama could see David Cameron as a "right-wing nationalist" if the Conservatives maintained Eurosceptic policies and that Obama would "start looking at whoever is in Germany or France if we start being isolationist ". The Financial Times said "Clarke has in effect agreed to disagree with

4779-410: The party members' Euroscepticism . His campaign was managed by Andrew Tyrie . Clarke opposed the 2003 invasion of Iraq . After choosing not to stand for the leadership after Duncan Smith departed in 2003 in the interests of party unity, he returned to fight the 2005 leadership election. He still retained huge popularity among voters, with 40% of the public believing he would be the best leader. He

4860-502: The patient and the most efficient hospitals would receive the greatest funding. This was not well received by doctors and their trade union, the British Medical Association , launched a poster campaign against Clarke's reforms, claiming that the NHS was "underfunded, undermined and under threat". They also called the new GP contracts "Stalinist". A March 1990 opinion poll commissioned by the BMA showed that 73% believed that

4941-466: The plaintiff first, as in Plaintiff v. Defendant (orally, Plaintiff and Defendant ). The party against whom the complaint is made is the defendant ; or, in the case of a petition, a respondent. Subsequent references to a case may use only one of the names, typically that of the first nongovernmental party. Criminal cases are usually brought by the prosecution, not a plaintiff. The prosecution may bring

SECTION 60

#1733084689630

5022-448: The plaintiffs and was being considered in conjunction with a cross-appeal by the defendants. The documents being withheld under public interest fell into a number of categories: submissions and draft submissions to ministers, policy documents, exchanges with ministers, documents revealing the process by which policy decisions were arrived at, documents showing exchanges between senior officials, briefings to ministers, and position papers on

5103-655: The presidency of the Cambridge Union , but Clarke became President of the Cambridge Union a year later, being elected on 6 March 1963 by a majority of 56 votes. Clarke opposed the admission of women to the Union, and is quoted as saying upon his election, "The fact that Oxford has admitted them does not impress me at all. Cambridge should wait a year to see what happens before any decision is taken on admitting them." In an early-1990s documentary, journalist Michael Cockerell played to Clarke some tape recordings of Clarke speaking at

5184-422: The radio station BBC 5 Live , where he discussed a proposal to increase the reduction of sentences for criminals, including rapists, who pleaded guilty pre-trial, from a third to a half. In the interview he incorrectly asserted that the reason for the low average sentence of those convicted of rape was that legal definition of "rape" in England and Wales included such less serious offences as consensual sex between

5265-627: The reform of the House of Lords and party funding. Clarke is President of the Tory Reform Group , a liberal, pro-European ginger group within the Conservative Party. Clarke became known as "an economic and social liberal , an internationalist and a strong supporter of the European idea". In 2006, he described Cameron's plans for a British Bill of Rights as " xenophobic and legal nonsense". On 12 May 2009, The Daily Telegraph reported that Clarke had "flipped" his Council Tax . He had told

5346-520: The spring of 1996, very likely (in Clarke's view) with Major's approval; Clarke records that Heseltine spoke "with passionate intensity" at Cabinet against a referendum, believing both that referendums were pernicious and that no concession would be enough to please the Eurosceptics. Clarke, who had already threatened resignation over the issue, also opposed the measure and, although Clarke and Heseltine were in

5427-502: The supply of blood products at an earlier point, and in delaying the implementation of heat-treatment of clotting factors in order to inactivate HIV. It was further alleged that the defendants did not respond correctly to the AIDS crisis, specifically, in not reacting with urgency to move to banning imported blood products which were derived from paid donors. Another significant ground was breach of duty as provided for in statute, for example, under

5508-462: The time to alter the reports of expert witnesses called by the defendants in the HIV Haemophilia Litigation. These experts included the late Professor Arthur Bloom , and according to Dr Rejman's testimony, this was done in order to tone down certain parts or change the emphasis. Plaintiff In some jurisdictions , a lawsuit is commenced by filing a summons , claim form or a complaint . These documents are known as pleadings , that set forth

5589-459: The wake of the Conservatives' victory at the 1992 general election . In May 1993, seven months after the impact of " Black Wednesday " had damaged Norman Lamont 's credibility as Chancellor of the Exchequer , Major sacked Lamont and appointed Clarke in his place. At first, Clarke was seen as the dominant figure in Cabinet, and at the October 1993 Conservative Party Conference he defended Major from his critics by pronouncing "any enemy of John Major

5670-465: The war on terror have been revealed by open courts and a free media. Yet the Justice and Security Green Paper seeks to place Government above the law and would undermine such crucial scrutiny." Following the 2012 Cabinet reshuffle, Clarke was moved from Justice Secretary to Minister without Portfolio . It was also announced that he would assume the role of roving Trade Envoy with responsibility for promoting British business and trade interests abroad,

5751-467: The word "claimant" is more acceptable as " plain English " than the word "plaintiff". In Scottish law a plaintiff is referred to as a " pursuer " and a defendant as a "defender". The similar term "complainant" denotes the complaining witness in a criminal proceeding. In the Federal Court of Australia , most plaintiffs are called "applicants", but in admiralty and corporations law matters they are called "plaintiffs". Case names are usually given with

5832-584: Was Father of the House . Following his expulsion from the Conservative Party in September 2019, he became the first Independent MP to hold the position of Father of the House since Clement Tudway , who died in office as MP for Wells in 1815. Clarke is the subject of a portrait in oil commissioned by Parliament. Clarke first served in the government of Margaret Thatcher as Parliamentary Secretary for Transport (1979–81) and Parliamentary Under-Secretary of State for Transport (1981–82), and then Minister of State for Health (1982–85). Clarke joined

5913-494: Was Father of the House of Commons between 2017 and 2019. The President of the Tory Reform Group since 1997, he is a one-nation conservative who identifies with economically and socially liberal views. Clarke served in the Cabinets of Margaret Thatcher and John Major as Chancellor of the Duchy of Lancaster from 1987 to 1988, Health Secretary from 1988 to 1990, and Education Secretary from 1990 to 1992. He held two of

5994-424: Was "virtually impossible" to rehabilitate any inmate in less than 12 months. In his first major speech after taking office, Clarke indicated a major shift in penal policy by saying prison was not effective in many cases. This could result in more offenders being handed community sentences. Clarke, who described the current prison population of 85,000 as "astonishing", received immediate criticism from some colleagues in

6075-580: Was a Communist , but while at Cambridge he joined the Conservative Party . As Chairman of the Cambridge University Conservative Association (CUCA), Clarke invited former British Fascist leader Sir Oswald Mosley to speak for two years in succession, prompting some Jewish students (including his future successor at the Home Office, Michael Howard ) to resign from CUCA in protest. Howard then defeated Clarke in one election for

6156-500: Was accused by Norman Tebbit of being "lazy" whilst leadership rival Sir Malcolm Rifkind suggested that Clarke's pro-European views could have divided the Conservative Party had Clarke won. In the event, Clarke was eliminated in the first round of voting by Conservative MPs. Eventual winner David Cameron appointed Clarke to head a Democracy Task Force as part of his extensive 18-month policy review in December 2005, exploring issues such as

6237-472: Was appointed Secretary of State for Education and Science in the final weeks of Thatcher's Government, following Norman Tebbit 's unwillingness to return to Cabinet following the resignation of Sir Geoffrey Howe . Clarke was the first Cabinet Minister to advise Thatcher to resign after her victory in the first round of the November 1990 leadership contest was less than the 15% winning margin required to prevent

6318-476: Was in fact a failure to protect the plaintiffs from the danger of using blood products, whether imported or supplied in this country, which were infected. (...) The three appellate judges found for the plaintiffs and ordered the PII documents to be disclosed, overturning the ruling of Rougier J of 31 July 1990 and at the same time, the cross-appeal by the Department of Health was dismissed. Lord Justice Bingham recorded in

6399-482: Was interviewed by Sky News on 5 July 2016 and made negative comments to Sir Malcolm Rifkind, about the "fiasco" (leadership contest) and about three of the candidates. In a widely circulated video clip, he referred to Theresa May as a "bloody difficult woman", joked that Michael Gove , who was "wild", would "go to war with at least three countries at once" and characterised some of the utterances of Andrea Leadsom as "extremely stupid". Clarke added that Gove "did us all

6480-473: Was put into effect after Black Wednesday. He reduced the basic rate of income tax from 25% to 23%, reduced UK Government spending as a percentage of GDP, and reduced the budget deficit from £50.8 billion in 1993 to £15.5 billion in 1997. Clarke's successor, the Labour Chancellor Gordon Brown , continued these policies, which eliminated the deficit by 1998 and allowed Brown to record

6561-399: Was reported that he argued with inquiry counsel, refused to apologise and at one point even walked out while the chairman, Sir Brian Langstaff , was speaking. The MSF trade union claimed that Clarke's exclusion of NHS medical laboratory staff from the pay review body in 1984 led to massive staff shortages and a crisis in medical laboratory testing by 1999. Just over two years later he

#629370