Eborn Legal Review – edited by Andrew Eborn
Salad Daze – The law of the lettuce
Andrew Eborn, Barrister-at-Law, is available for interview and news reaction – email tony@peoplematter.tv
Tip of The Iceberg
In a brutal assessment of Liz Truss on 11th October The Economist pointed out:
“Liz Truss has already secured her place in British political history. However long she now lasts in office, she is set to be remembered as the prime minister whose grip on power was the shortest. Ms Truss entered Downing Street on September 6th. She blew up her own government with a package of unfunded tax cuts and energy-price guarantees on September 23rd. Take away the ten days of mourning after the death of Queen Elizabeth II, and she had seven days in control. That is roughly the shelf-life of a lettuce.”
Taking up the theme, on Saturday October 15th The Daily Star front page asked “How long can wet lettuce Liz romaine?” pitting the PM’s shelf life against a lettuce.
The Daily Star also set up a live feed with a photo of Liz Truss next to a lettuce with the caption “Can Liz Truss outlast this lettuce?”
The answer is no !
https://twitter.com/i/broadcasts/1DXxyvBODOWKM
The Iceberg Lady is not for turning?
During PMQs on 19th October Liz Truss defiantly declared “I am a fighter not a quitter”. In yet another U turn, within 24 hours she announced that she would resign.
The lettuce won!
Liz Leave !
Lettuce romaine !
Lettuce and other salad staples have featured in various legal cases throughout history.
Lettuce was cultivated by the ancient Egyptians. The ancient Egyptian tombs have paintings of lettuce with elongated and pointed leaves. General Mark Anthony is said to have made lettuce popular in Rome. Mark Anthony’s nephew, Augustus Caesar, had a statue made of a Romaine lettuce in honour of its healing abilities after Augustus Caesar was cured of a serious illness.
The “Caesar salad” , however, is reported as being the creation of an Italian immigrant, Caesar Cardini, who had a restaurant in Tijuana. According to Caesar’s daughter, Rosa, the first Caesar’s salad was tossed on the evening of July 4 1924. Apparently, as it was Independence Day Caesar Cardini was running low on ingredients and so cobbled together a salad for his guests from whatever he could find in his kitchen.
Others claim to have invented the Caesar salad. Paul Maggiora, a partner of the Cardini’s, says he tossed the first Caesar’s salad for American airmen from San Diego in 1927. He called it “Aviator’s Salad.”
Alex Cardini, brother of Caesar Cardini, also claimed to have developed the salad. Caesar Cardini was said to be against having anchovies, instead maintaining that Worcestershire sauce was what provided that faint fishy flavor.
Livio Santini, a resident of Tijuana, claims it was a recipe of his mother which Livio Santini made in the kitchen of Caesar’s restaurant in 1925 when he was 18 years old and that Caesar took the recipe from him.
In 2015 romaine lettuce was grown by astronauts on the international space station ISS.
You say tomato I say I say tomato. You say vegetable. I say fruit
Botanically, a tomato is a fruit due to its seed-bearing structure growing from the flowering part of a plant.
In Nix v. Hedden, 149 U.S. 304 (1893), however, The Supreme Court of the United States held that the tomato should be classified as a vegetable rather than a fruit under U.S. Tariff Act of 1883. The Tariff Act 1883 required a tax to be paid on imported vegetables but not fruit.
John Nix founded the John Nix & Co. fruit commission in New York City in 1839. The company became one of the largest sellers of produce in New York City. John Nix argued that as botanically a tomato is a fruit the tax should not be due.
The Supreme Court held that the Act used the ordinary meaning of the words “fruit” and “vegetable” instead of the technical botanical meaning.
In 1992 the Court of Appeal had to determine an appropriate sentence for Shaun Kelly who had robbed building societies using a cucumber. The cucumber had been concealed in a plastic bag and brandished as though it were a gun. Shaun Kelly was sentenced to five years in prison.
The Police Federation, which represents rank-and file officers, during what it described as the Government’s target-chasing culture, pointed out that the pressure to meet performance indicators compelled many officers to “criminalise” Middle England. As a result police officers were being forced to make “ludicrous” arrests in an attempt to hit Home Office targets.
In 2007 a Cheshire man was cautioned for being “in possession of an egg with intent to throw” and in Kent a child was arrested for slinging a single slice of cut cucumber from a tuna sandwich at another child.
Generally, it is not an offence under English law to put lettuce up your nose or to chew and then spit out a lettuce leaf. If, however, you work in a restaurant or sandwich bar and then put the masticated lettuce onto the food tray from which customers select their lunch you could be liable to prosecution under the Public Order Act 1986.
Under section 38 of the Public Order Act it is an offence “to contaminate or interfere with goods, or make it appear that goods have been contaminated or interfered with, or to place goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with, in a place where goods of that description are consumed, used, sold or otherwise supplied” with the intention of “causing public alarm or anxiety”.
Richard Benjamin Shannon, worked at a Subway sandwich bar in Brownhills in the West Midlands. Footage of him stuffing lettuce up his nose appeared on YouTube. In the footage taken on a friend’s mobile phone Shannon was also seen putting lettuce leaves in his mouth and spitting them out.
He was later arrested after an incident in which an irate woman who recognised him from the video went to the Subway bar and threw a chair at him.
A person found guilty on indictment is liable to a term of up to 10 years in prison and/or a fine.
Shannon was ordered to do 300 hours of unpaid community service.
Throughout history, penalties have been more severe. During Henry VIII’s reign a person found guilty of contaminating food would be punished “in the community”.
Accordingly in early 1531, Richard Roose was accused of poisoning members of the household of John Fisher, Bishop of Rochester, by adding a white powder to some porridge.
Henry VIII personally addressed the House of Lords on the case and was probably responsible for an Act of Parliament which retroactively made murder by poison a treasonous offence mandating execution by boiling. Richard Roose was boiled at London’s Smithfields in April, 1532.
So what now?
Hasta la vista, Boris !!
In Churchillian style, Boris could be brought back from abroad in the country’s hour of need.
In the midst of the chaos of a failed leadership and falling public support, someone turns and says, “Send for Boris, only he can save us now.?
However, is too much stacked against him?
His copybook is not just blotted, but covered in multiple ink stains.
His one redeeming quality: he can communicate and better still win elections.
There is, however, an alternative to party leader and that is party chairman, which seems a job made for him if a return to the top of the pole is not possible..
Liz never had any grip on the greasy pole, but Boris not only took the country through multiple crises, but even though he never quite keep a grip on day to day realities or his own cabinet, he never lost grassroots support.
Should Boris return and demonstrate humility and a resolve to work harder, get a return to prosperity done, achieve a return to balance of payments (remember that?), ‘level up’ rather than ‘trickle down’, announce a zero-tolerance policy relating to any corruption, sleeze, bullying, or misconduct in parliamentary life with an independent committee to oversee it, and commit his parliamentary life to honour, duty and service to his country in the memory of the late monarch… then… he would be unstoppable
Rishi is favourite, but could Boris offer Rishi number 11 to his number 10, then all bets are off. Rishi knows that if the party get to choose between him, Boris or Penny, he would lose.
De minimis non curat lex – the law doesn’t concern itself with trifles – but salad is another matter.
Lettuce pray !
#####################################################################
Getting the rights right is key. Don’t miss out… get in touch!
Andrew Eborn – upcoming engagements
17th October Cannes Drama Awards
Andrew Eborn has been invited back to host these prestigious awards.
Tech & creativity live: how to make live broadcasting content more attractive with AR/VR
Andrew Eborn has again been engaged to host and interview key industry players from around the world regarding the latest developments in technology
18th October – TBS Game show launch Cannes
Andrew Eborn has again been engaged to launch the latest TV Game Show from TBS following the global success of Takeshi’s Castle and Ninja Warrior.
19th October Cannes MIPCOM Film & TV Market Tech and Creativity
The Future of Film and TV drama created by virtual/ remote/ cloud production sponsored by Sony
Andrew Eborn has again been invited to host and interview industry leaders from around the world.
29th October Hollywood comes to Luton.
Andrew Eborn presents Hollywood comes to Luton. The first in the series will be with John Stevenson who has over 40 years’ experience in international film development and production including Shrek, the Muppets, Toy Story, Madagascar and Kung Fu Panda which grossed over US$600 million worldwide.
16th November 2022 Moorfields Academy
Andrew Eborn has again been booked to host, media train, interview and film key industry figures
ANDREW EBORN – RIGHTING WRONGS
GET IN TOUCH
Andrew believes that there are many injustices which do not get the
media attention they deserve, or indeed desperately need the oxygen of
publicity for their cause. This is where Andrew hopes to help. By
focusing on the injustice and assisting to promote, Andrew is keen to
give an initial helping hand in any way he can make possible.
If there are particular issues you would like Andrew Eborn to
investigate please provide information here so he may be able to
assess if he can provide you with help.
www.ebornlegalreview.com/
https://peoplematter.tv/peoplematter-tv-clients/andrew-eborn/
www.rightingwrong.co.uk
Follow @AndrewEborn @OctopusTV
www.octopus.tv
© Andrew Eborn 2022
Eborn Legal Review – edited by Andrew Eborn
Salad Daze – The law of the lettuce
Andrew Eborn, Barrister-at-Law, is available for interview and news reaction – email tony@peoplematter.tv
Tip of The Iceberg
In a brutal assessment of Liz Truss on 11th October The Economist pointed out:
“Liz Truss has already secured her place in British political history. However long she now lasts in office, she is set to be remembered as the prime minister whose grip on power was the shortest. Ms Truss entered Downing Street on September 6th. She blew up her own government with a package of unfunded tax cuts and energy-price guarantees on September 23rd. Take away the ten days of mourning after the death of Queen Elizabeth II, and she had seven days in control. That is roughly the shelf-life of a lettuce.”
Taking up the theme, on Saturday October 15th The Daily Star front page asked “How long can wet lettuce Liz romaine?” pitting the PM’s shelf life against a lettuce. The Daily Star also set up a live feed with a photo of Liz Truss next to a lettuce with the caption “Can Liz Truss outlast this lettuce?”
The answer is no !
https://twitter.com/i/broadcasts/1DXxyvBODOWKM
The Iceberg Lady is not for turning?
During PMQs on 19th October Liz Truss defiantly declared “I am a fighter not a quitter”. In yet another U turn, within 24 hours she announced that she would resign.
The lettuce won!
Lettuce and other salad staples have featured in various legal cases throughout history.
In 1992 the Court of Appeal had to determine an appropriate sentence for Shaun Kelly who had robbed building societies using a cucumber. The cucumber had been concealed in a plastic bag and brandished as though it were a gun. Shaun Kelly was sentenced to five years in prison.
The Police Federation, which represents rank-and file officers, during what it described as the Government’s target-chasing culture, pointed out that the pressure to meet performance indicators compelled many officers to “criminalise” Middle England. As a result police officers were being forced to make “ludicrous” arrests in an attempt to hit Home Office targets.
In 2007 a Cheshire man was cautioned for being “in possession of an egg with intent to throw” and in Kent a child was arrested for slinging a single slice of cut cucumber from a tuna sandwich at another child.
Generally, it is not an offence under English law to put lettuce up your nose or to chew and then spit out a lettuce leaf. If, however, you work in a restaurant or sandwich bar and then put the masticated lettuce onto the food tray from which customers select their lunch you could be liable to prosecution under the Public Order Act 1986.
Under section 38 of the Public Order Act it is an offence “to contaminate or interfere with goods, or make it appear that goods have been contaminated or interfered with, or to place goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with, in a place where goods of that description are consumed, used, sold or otherwise supplied” with the intention of “causing public alarm or anxiety”.
Richard Benjamin Shannon, worked at a Subway sandwich bar in Brownhills in the West Midlands. Footage of him stuffing lettuce up his nose appeared on YouTube. In the footage taken on a friend’s mobile phone Shannon was also seen putting lettuce leaves in his mouth and spitting them out.
He was later arrested after an incident in which an irate woman who recognised him from the video went to the Subway bar and threw a chair at him.
A person found guilty on indictment is liable to a term of up to 10 years in prison and/or a fine.
Shannon was ordered to do 300 hours of unpaid community service.
Throughout history, penalties have been more severe. During Henry VIII’s reign a person found guilty of contaminating food would be punished “in the community”.
Accordingly in early 1531, Richard Roose was accused of poisoning members of the household of John Fisher, Bishop of Rochester by adding a white powder to some porridge.
King Henry VIII personally addressed the House of Lords on the case and was probably responsible for an act of parliament which retroactively made murder by poison a treasonous offence mandating execution by boiling. Richard Roose was boiled at London’s Smithfield in April, 1532.
So what now?
Hasta la vista, Boris !!
In Churchillian style, Boris could be brought back from abroad in the country’s hour of need.
In the midst of the chaos of a failed leadership and falling public support, someone turns and says, “Send for Boris, only he can save us now.?
However, is too much stacked against him?
His copybook is not just blotted, but covered in multiple ink stains.
His one redeeming quality: he can communicate and better still win elections.
There is, however, an alternative to party leader and that is party chairman, which seems a job made for him if a return to the top of the pole is not possible..
Liz never had any grip on the greasy pole, but Boris not only took the country through multiple crises, but even though he never quite keep a grip on day to day realities or his own cabinet, he never lost grassroots support.
Should Boris return and demonstrate humility and a resolve to work harder, get a return to prosperity done, achieve a return to balance of payments (remember that?), ‘level up’ rather than ‘trickle down’, announce a zero-tolerance policy relating to any corruption, sleeze, bullying, or misconduct in parliamentary life with an independent committee to oversee it, and commit his parliamentary life to honour, duty and service to his country in the memory of the late monarch… then… he would be unstoppable
Rishi is favourite, but could Boris offer Rishi number 11 to his number 10, then all bets are off. Rishi knows that if the party get to choose between him, Boris or Penny, he would lose.
De minimis non curat lex – the law doesn’t concern itself with trifles – but salad is another matter.
Lettuce pray !
#####################################################################
Getting the rights right is key. Don’t miss out… get in touch!
Andrew Eborn – upcoming engagements
17th October Cannes Drama Awards
Andrew Eborn has been invited back to host these prestigious awards.
Tech & creativity live: how to make live broadcasting content more attractive with AR/VR
Andrew Eborn has again been engaged to host and interview key industry players from around the world regarding the latest developments in technology
18th October – TBS Game show launch Cannes
Andrew Eborn has again been engaged to launch the latest TV Game Show from TBS following the global success of Takeshi’s Castle and Ninja Warrior.
19th October Cannes MIPCOM Film & TV Market Tech and Creativity
The Future of Film and TV drama created by virtual/ remote/ cloud production sponsored by Sony
Andrew Eborn has again been invited to host and interview industry leaders from around the world.
29th October Hollywood comes to Luton.
Andrew Eborn presents Hollywood comes to Luton. The first in the series will be with John Stevenson who has over 40 years’ experience in international film development and production including Shrek, the Muppets, Toy Story, Madagascar and Kung Fu Panda which grossed over US$600 million worldwide.
16th November 2022 Moorfields Academy
Andrew Eborn has again been booked to host, media train, interview and film key industry figures
ANDREW EBORN – RIGHTING WRONGS
GET IN TOUCH
Andrew believes that there are many injustices which do not get the
media attention they deserve, or indeed desperately need the oxygen of
publicity for their cause. This is where Andrew hopes to help. By
focusing on the injustice and assisting to promote, Andrew is keen to
give an initial helping hand in any way he can make possible.
If there are particular issues you would like Andrew Eborn to
investigate please provide information here so he may be able to
assess if he can provide you with help.
www.ebornlegalreview.com/
https://peoplematter.tv/peoplematter-tv-clients/andrew-eborn/
www.rightingwrong.co.uk
Follow @AndrewEborn @OctopusTV
www.octopus.tv
© Andrew Eborn 2022
