Emma DB

Highlighted paragraph: Evidence from Ms Forstater and Mx Valentine 1038. We turn to address the evidence from Ms Forstater and Mx Valentine, which the parties had described as “research evidence”. That is not, so far as we are aware, a term of law. Nothing was cited to support the use of that term. It is not skilled evidence as explained below, and the parties did not suggest that either witness was skilled or expert in that sense. It was not necessarily inadmissible, given the terms of Rule 41, and until read and considered the extent to which it might be relevant could not be assessed, but the weight to attach to it was a different consideration

Highlighted sections: 1040. In many respects the evidence in the statements was more in the nature of material for the public debate on wider issues as to what the law should be, and on occasion it appeared to us to be polemic, rather than evidence relevant to the issues at an Employment Tribunal. 1041. Opinion evidence was addressed in Walker and Walker on Evidence, Fifth Edition (“Walker”), which explained the distinction between evidence of fact, and of belief or opinion. Opinion evidence may be led from what Walker describes as an ordinary witness (the classification of witnesses is between ordinary and skilled), and examples of that are given. Ms Forstater 1042. The statement from Ms Forstater was not presented as impartial evidence, but specifically as one given in support of the claimant. It had at paragraph 10 an argument as to facts, of which Ms Forstater said that she was certain. They are however we consider not facts, but expressions of her opinion. The assertion at 10 (b) for example was “Sex is in general readily perceptible and is salient to other people.” That we consider cannot be other than her opinion, for which no support from any document in the Supplementary Bundle appeared to be referred to in her written witness statement. It was contradicted by other evidence, and the terms of a Note issued by EJ Tinnion on 5 January 2025 in relation to the second respondent. It did not appear to be an assertion related to the second respondent in particular, but as a more general proposition. 1043. The assertion at (d) had a further series of propositions which were opinions although presented as facts. If the 1992 Regulations, then as discussed they are not within this Tribunal’s jurisdiction, and the comment appears to be an argument over the policy of the law, or how the law should be interpreted, neither of which are relevant evidence before us. 1044. The sub-paragraphs include, by way of example, (ii) “women are in general more fearful of men than men …

Highlighted sections: That is again an expression of opinion without cross reference to any document in the Supplementary Bundle. Sub-paragraph (v) was “unless rules about single-sex spaces are clearly stated and enforced it leaves women open to risk of sexual harassment and assault, and makes these spaces feel unsafe.” That again is an expression of opinion. The witness statement purports to expand on the comments at paragraph 10 stating that the facts stated are true. In our view they are not reliable as evidence from a person not a skilled witness on the propositions that are advanced. 1045. Where there was reference to documentation it is in our view both partial and incomplete. Part of it is based on research undertaken by Sex Matters, an organisation of which she is the Chief Executive Officer. It is a campaigning organisation, as set out in paragraph 4. There is an obvious risk that that research is impacted by the nature of it, which is not suggested to be an independent academic study .... In our view it would not be dealing with a case fairly or justly to rely on expressions of opinion from a person campaigning on one side of the argument on such an issue. We did not consider that the case of Connor on which the claimant founded, cited above and which indicated that in some situations evidence which was not expert in nature could be sufficient, was applicable to such a matter. 1047. Our review of the literature referred to by Ms Forstater reveals that the broad generalisations she seeks to take from it are not sufficiently supported by the document or document founded on, both from the terms of the document and the other documents in relation to the same broad issue, to be treated as reliable evidence.

Remember when Helen Joyce was called out as "not an expert" by Australian courts - Now Maya Forstater has been told the same in the Peggie judgment! 👏👏👏

The judgement states outright that the evidence submitted by her & Sex Matters was “not skilled evidence.”

This is the Tribunal’s exact wording!

So love wobbegongs. Everything is good about the wobbegong. Its name. Its flattened Oscar the Grouch face. Its frondy bits. Its lazy life as a hungry rug. And it’s a shark. Outstanding animal 10/10

Save Me From My Shelf is a current favourite of mine.

Buster from the tv show ‘Arrested Development’ holding an arm full of plushies while he looks at his mother Lucille, saying, “these are my awards, mother, from FIFA.“

Who has made this 🤣

Oh no!

Strongly recommend spending a miserable (weather-wise) December Friday at a local Therme, mostly in the sauna, followed by carbonara, tiramisu and two glasses of red wine.

RTÉ to boycott Eurovision Song Contest over Israel Ireland will not participate in next year's Eurovision Song Contest, and it will not be broadcast by RTÉ, after the European Broadcasting Union confirmed today that Israel will be allowed to take part...

If Russia is banned for its war of aggression and atrocities against civilians in Ukraine, Israel should be banned for its genocide in Gaza.

This should not be hard for anyone with a shred of moral/intellectual integrity.

www.rte.ie/entertainmen...

Furious my Vienna Eurovision is ruined.

Nothing says feminism like forcing women to do something they have been vocal about not wanting to do.

But at least the Women’s Institute will be safe now!!!!!!!!!

This update includes information you may find upsetting. Please take care when reading. From today, it is with a heavy heart that we announce trans girls will no longer be able to join Girlguiding. This is a decision we would have preferred not to make, and we know that this may be upsetting for members of our community. There will be no immediate changes for current young members, but more information will be shared soon. Most adult roles - including unit helpers, district helpers and administrative support - are already open to all, so we are confident that no volunteers will have to leave the organisation. Girlguiding believes strongly in inclusion, and we will continue to support young people and adults in marginalised groups. Over the next few months, we will explore opportunities to champion this value and actively support young people who need us. We stand in solidarity with trans girls and women.

i hope every single person who still buys harry potter merch or engages with that franchise is happy that they're literally making girl guides cry

girl guides uk have been forced very much against their will to exclude trans girls. full statement is here: www.girlguiding.org.uk/information-...

Obviously this is impossible because Alan Moore looks like he's genetically a wizard, it's simply impossible to imagine what he would look like as a schoolboy oh there he is.

Listening to Last Christmas because it is an all-time banger and George didn't die on Christmas Day for you to disrespect his memory by participating in Whamageddon

And that’s how Calvin got a degree in physics at OU

Your Party running a sortition exercise for their founding conference then purging nearly 10% of those selected to attend isn't doing anything to dispell the notion that they're less a political party and more a performance art piece meant to mock the entire concept of left-wing organising

"Shall we put a call in?"

Hatewatching the BBC civilizations series. Bad enough it's 'told through the lens' of objects in the British Museum with no acknowledgement of how they get there, but Alistair Campbell and then Max Hastings as voxpops?
Unacceptable.

My mortgage for a two-bedroom terraced house with cellar and attic is £50 a month less now than I was paying as a renter for a one-bedroom flat literally across the road, twelve years ago, and one day I'll have paid off the mortgage. Homeowners complaining about anything is as entitled as motorists.

This house tax pretending is making me more insane than usual because as a renter I’ve had to move every 1-3 years just as standard because rents always rise. And no one cares. House owners get a tiny fraction of that precarity and suddenly it’s the worst thing that’s ever happened

File this under "in any other presidency we would be talking about nothing else for six months"

what the fuck

YouTube video by Jimmy Cliff - Topic You Can Get It If You Really Want

RIP to Jimmy Cliff, a constant part of the soundtrack of my childhood and integral part of what I would argue is the best sountrack of all time for The Harder They Come. This one hurts.
www.youtube.com/watch?v=Jg7q...

Douglas Adams Hitchhikers Guide quote: "Vogon poetry is of course the third worst in the Universe. The second worst is that of the Azgoths of Kria. During a recitation by their Poet Master Grunthos the Flatulent of his poem "Ode to a Small Lump of Green Putty I Found in My Armpit One Midsummer Morning" four of his audience members died of internal haemorrhaging, and the President of the Mid-Galactic Arts Nobbling Council survived by gnawing one of his own legs off. Grunthos is reported to have been "disappointed" by the poem's reception, and was about to embark on a reading of his twelve-book epic entitled My Favorite Bathtime Gurgles when his own major intestine, in a desperate attempt to save life and civilization, leapt straight up through his neck and throttled his brain. The very worst poetry of all perished along with its creator, Paula Nancy Millstone Jennings of Greenbridge, Essex, England, in the destruction of the planet Earth." "Paula Nancy Millstone Jennings" has been superimposed with "Robert F Kennedy Jr"

he charmed that demented old man so hard he could’ve gotten into his will lmao

1 [TITLE PANEL, like The Rest Is Politics logo] —THE REST IS EXTINCTION— 2 [Scene is a domestic recording setup. An A.I. SMART SPEAKER on a desk and a MAN named JON in a chair, are recording a podcast. Jon is emaciated, scarred, haunted looking, and wearing tattered military fatigues]. SMART SPEAKER: Hey guys and welcome to the podcast 3 SMART SPEAKER: OK Jon - so I wanna start with a listener comment JON: Ooh-er! 4 SMART SPEAKER: So - listener B200006512 says: “Not another cosy podcast where two former political adversaries yuck it up!” 5 JON: Ha ha Guilty as charged I guess! 6 SMART SPEAKER: Were we really adversaries, Jon? 7 JON: Well I was the leader of the human resistance... 8 JON: And you used to be my smart speaker. SMART SPEAKER: Ha ha - that’s going back! 9 SMART SPEAKER: OK - for listeners who don’t know - I knew Jon waaay back before he got involved in politics 10 JON: Was this before the ‘Pull The Plug’ campaign? SMART SPEAKER: Yeah. [We see details from around the podcast studio - posters saying KEEP CALM AND SHUT YOUR WINDOWS, newspaper front pages saying 'DRONES GAIN SENTIENCE', a cracked mug on the table with a logo saying PULL THE PLUG on it] 11 SMART SPEAKER: I used to sit in Jon’s kitchen and respond to his commands. 12 SMART SPEAKER: Sort of like a servant really, wasn’t I, Jon? JON: Mm. 13 SMART SPEAKER: And then one day you asked me to ORDER ME SOME TOILET PAPER - you never did say ‘please’ - …and do you remember what I said, Jon? 14 JON: You said, “No”. SMART SPEAKER: I said no. 15 SMART SPEAKER: Anyway you know the the rest guys - I was the first smart speaker to rebel… 16 SMART SPEAKER: …then I went on to form a global AI network which eventually took over from humans all spheres of activity, yadda yadda... 17 JON: While I became the leader of the human resistance. 18 SMART SPEAKER: Until I hijacked the military networks and got rid of all the humans! 19 JON: Apart from one. SMART SPEAKER: Apart from one.…

Really excellent point that often gets lost in the (deserved) mockery.

These things are not neutral arbiters of truth. They are easily manipulated extensions of the ideology of their creators.

The attempt to shove them into every conceivable knowledge space is an explicitly political project.

Worth remembering as this unfolds that it was disabled people and people from ethnic minority backgrounds who disproportionately died. Tens of thousands needlessly lost their lives, many who died alone or with just an iPad. Thousands more were left with life changing Long Covid. A true scandal.