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14 min 22 sec
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Fake Law: The Truth About Justice in an Age of Lies

Shows what English law really says behind the angriest headlines about burglars, compensation, sick children, human rights and Brexit, and why principles that sometimes favor unpopular people protect everyone else too.

Table of Content

If most of what you know about the courts comes from headlines, you may believe the law sides with burglars, rewards people chasing easy money and ignores everyone else. In Fake Law, the anonymous criminal barrister known as The Secret Barrister calls many of those stories fake law. Like fake news, it means distortions of the legal system spread by parts of the media and by politicians.

Think of the farmer jailed for shooting a burglar, or the child paid thousands over a splash of custard. In each famous case, one missing detail changes the whole story. The author argues that behind almost every legal outrage sits a principle that protects ordinary people, including the reader who is angry about it. Six cases carry that argument, from a sick baby at Great Ormond Street to the judges branded enemies of the people over Brexit. By the end, the next furious legal story becomes something you can check for yourself, knowing what self-defense, compensation and the burden of proof actually require.

A farmer who shot an intruder became a national symbol of homeowners betrayed by the courts. The law he supposedly fell foul of turns out to be far more generous than most people think, and his own night far darker.

A child wins thousands over spilled custard. A cleaner is paid for tripping on their own mop. These stories seem to prove that anyone can sue for anything, until you learn what the reports chose not to mention.

A baby’s parents begged to take him abroad for experimental treatment, and a court said no. The Pope and an American president objected. The principle behind the ruling protects every child, including the ones whose parents get it wrong.

A man convicted after a crash that killed a young girl could not be deported, and a judge cited his human rights. It sounds like the law protecting criminals. The judge was actually weighing someone else’s rights too.

A rape complainant leaves court feeling she was the one on trial, and the accused goes home. The author admits she has a point, then explains why changing the rules would put many innocent people at risk.

After the 2008 crash, a disgraced bank boss kept a huge pension and a minister promised to take it away. The crowd cheered. The author explains why that promise threatened something centuries older than any bank.

Three judges were called enemies of the people for supposedly blocking the result of a national vote. Look at the question they were actually asked, and the story of judges defying democracy falls apart.

What the book adds up to is a lesson about where outrage comes from. Every scandal it examines has the same shape: a real event, a missing fact and a principle nobody explained. The burned face behind the custard. The farmer waiting in the dark with a loaded gun. The two children behind a deportation ruling. Put the missing piece back and the decision that looked absurd starts to look like the law doing its job.

The larger claim is that these principles protect everyone at once. Equality before the law, the presumption of innocence, a child’s best interests and Parliament’s say over domestic law are the product of centuries of hard-won progress. In the author’s view they only hold if they also hold for the people society thinks undeserving.

So before you share the next furious story about a judge, look for the detail it leaves out. If it involves self-defense, ask whether the fear was genuine and the force in proportion. If it involves an acquittal, remember who carries the burden of proof. The defendant who walks free today is protected by the same rule that would protect you tomorrow.

About this book

What is this book about?

Headlines tell a familiar story about English justice. Homeowners get punished for defending themselves, people win large sums for trivial accidents, human rights law shields foreign criminals and unelected judges defy voters. The Secret Barrister, a criminal barrister who writes anonymously, calls this fake law. It works like fake news: parts of the media and some politicians distort how the legal system works and what it means for our freedoms. The book tests these claims against famous cases: the farmer Tony Martin, the baby Charlie Gard, a compensation claim over school custard, the deportation fight of Mohammed Ibrahim, the pension of banker Sir Fred Goodwin and the High Court's Brexit ruling. Each time, a missing detail or a principle nobody explained turns the scandal into something quite different. Readers learn what English law actually says about self-defense, duty of care, children's welfare, family life, the burden of proof and equality before the law. They also see why rules that sometimes help unpopular people are the same rules that keep everyone else safe from the courts and from the mood of the crowd.

Book Information

Rating:

Genre:

Politics & Current Affairs, Social Issues

Topics:

Criminal Justice, Media, Misinformation

Publisher:

Macmillan

Language:

English

Narrator:

Caleb

First published:

September 3, 2020

Pages:

416

Length:

14 min 22 sec

Get the book:

Amazon

Who it's for

  • Wanting facts before sharing

    Readers who share or react to outraged news stories about judges and want to check them first.

  • Curious about English law

    People curious about how English law handles self-defense, compensation, human rights and criminal trials.

  • Students considering law

    Students thinking about law who want famous cases explained in plain language.

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About the Author

The Secret Barrister

The Secret Barrister is a criminal law barrister who writes under a pen name, also using the name S.J. Fleet, to help non-lawyers understand how the legal system works. The author has written for the Guardian, the Times and Esquire. The debut book, The Secret Barrister, was a Sunday Times number one bestseller and won the Books Are My Bag Non-Fiction Book of the Year award. The blog of the same name was Independent Blogger of the Year in 2016 and 2017. In 2020, Channel 4 News made a four-part documentary series called The Secret Barrister: Disordered Justice.

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Ratings & Reviews

Ratings at a glance

4.7

Overall score based on 38 ratings.

What people think

Listeners find this work to be a crucial and revealing resource that effectively clarifies the legal system by countering frequent misconceptions spread by the press and politicians. They value the way the author breaks down intricate ideas—like human rights and legal aid—using a coherent and approachable style that is perfectly suited for non-experts. Furthermore, listeners prize the perceptive look at famous legal cases, with one listener commenting that the book is such a significant piece of work it "should be compulsory reading in schools." They also point out that although the content centers on the UK, the author’s professional "myth-busting" technique offers a useful lens for identifying legal falsehoods in other regions as well.

Top reviews

Pun

This book is a visceral wake-up call for anyone who thinks they understand how the justice system actually functions. The Secret Barrister dismantles the poisonous narratives peddled by the tabloid press, particularly the lies about "gold-plated" human rights and runaway legal aid costs. Frankly, it is terrifying to realize how easily our opinions are manipulated by politicians who benefit from a public that remains legally illiterate. The prose is sharp, though the sheer volume of injustice described can make for a heavy, soul-crushing read at times. We desperately need this kind of civic education in our schools to protect the rule of law from further decay. If you value your rights, you need to read this immediately.

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Nitaya

The chapter on the "compensation culture" myth should be printed out and posted through every letterbox in the country. We are consistently told that people are "suing for nothing," yet the truth is that we’ve allowed billion-pound insurance companies to trick us into hating our injured neighbors. The Secret Barrister writes with a controlled fury that is both infectious and deeply informative. By the time I finished the section on the Human Rights Act, I felt like I finally understood the protections I’d previously taken for granted. It is rare to find a book that manages to be this intellectually rigorous while remaining accessible to a layperson. This is essential reading for anyone who cares about the future of democracy.

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Vimolwan

As someone who usually avoids "political" books, I was surprised by how much this grabbed me from the very first page. The Secret Barrister has this incredible ability to take complex concepts like parliamentary sovereignty and make them feel relevant to your everyday life. I loved the way the book examined high-profile cases of home invasions to show how politicians manipulate our emotions for their own gain. Truth is, we are being lied to on an industrial scale, and this book provides the tools to start fighting back. It's a powerful defense of the judiciary and the independence of our courts. Everyone needs to read this to realize what we're about to lose.

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Priya

The chapter on civil compensation blew my mind and totally changed my perspective on personal injury claims. We’ve been conditioned to think we live in a litigious society, but the reality is that access to justice is being strangled for the benefit of corporate interests. I found the author’s voice to be incredibly personable and the information was presented in a way that felt logical and easy to follow. It’s a rare book that can make you feel smarter and more cynical at the exact same time. It should be required reading for every journalist working in a national newsroom. The Secret Barrister has done a massive public service by writing this.

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Pim

Ever wonder why every headline about a court case seems designed to make your blood boil? This follow-up to the author’s first smash hit explains exactly how the media strips away nuance to create "Fake Law" for clicks and political leverage. I found the breakdown of the Tony Martin case particularly enlightening, as it exposed the gulf between what actually happened and the "heroic homeowner" narrative we were all sold. While the focus is heavily on England and Wales, the underlying lessons about judicial independence are just as relevant elsewhere. It’s a dense read, but the author’s wit keeps the more technical explanations of tort and quantum from becoming dry.

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Prinya

Finally got around to reading this after seeing it all over my social media feeds, and it’s every bit as enraging as promised. It’s a brilliant deep dive into how our legal system has been systematically gutted by successive governments while they distract us with "woke" culture wars. The author does a fantastic job of explaining why legal aid is a prerequisite for a fair trial rather than a luxury for the undeserving. I did find some of the case studies a bit long-winded, and the tone can be quite patronizing if you don't already agree with the author's worldview. Still, the core message about the erosion of the rule of law is impossible to ignore.

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Fort

Wow. I am genuinely stunned by how much I didn't know about my own rights before picking this up. The Secret Barrister explains the difference between the law and the perception of the law with surgical precision. It’s a terrifying look at how easily the executive can overreach when the public doesn't understand the constitutional guardrails in place. My only real gripe is that it focuses so heavily on the UK that some of the specific legislative points felt a bit disconnected from my own experience. Nevertheless, the overarching themes of media manipulation and the importance of due process are universal. This is a vital piece of work that will change how you read the news.

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Nook

After hearing so much praise for the first book, I was worried the sequel wouldn't live up to the hype, but "Fake Law" is arguably more important. It moves beyond the courtroom to look at the "body politic" and how our collective ignorance is being weaponized against us. Look, the law is convoluted and often boring, but the author manages to inject enough wit and passion to keep the reader moving through the denser sections. I particularly appreciated the nuanced take on how both Labour and the Tories have shown contempt for the rule of law. It’s not a partisan attack; it’s a plea for us to wake up before our justice system is completely destroyed.

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Nong

To be fair, the subject matter here is incredibly important, but the execution felt a bit more like a legal briefing than a narrative for the general public. While I appreciated the debunking of myths regarding "health and safety gone mad," the writing style felt excessively lawyer-like and a bit repetitive by the halfway point. It’s certainly educational, especially the sections regarding how the previous Labour government was just as guilty as the current one in undermining justice. However, I struggled to stay engaged with some of the more convoluted explanations of secondary legislation. It is a solid 3-star effort that provides a lot of "meat" for those with the patience to dig through the jargon.

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On

Frankly, I had high hopes after the first book, but this one felt a little bit like it was retreading old ground with a more aggressive political slant. Don't get me wrong, the analysis of "fake law" in the Daily Mail and the Sun is spot on and very necessary in our current climate. But I found myself wanting more of the personal anecdotes from the courtroom that made the first book so gripping. This felt more like a series of long-form essays on policy and media criticism, which is fine, but it lacks that "boots on the ground" feel. It’s a decent enough read if you want to understand the mechanics of legal misinformation, but it’s quite dry.

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Questions about this book

Fake law is the legal version of fake news: stories from parts of the media and from politicians that distort how the justice system works and how it affects our freedoms. Typical examples claim homeowners are punished for self-defense, trivial accidents earn big payouts or human rights law protects dangerous criminals. The book tests these claims against real cases and shows that a missing fact or unexplained principle usually changes the story.

According to the book, you may defend yourself, your family and your property, and even fatal force can be lawful if two tests are met. You must have sincerely believed force was necessary, even if you were wrong, and the force you use has to be proportionate to the threat you face. Tony Martin was convicted because he failed both: he lay in wait for intruders who could not escape and shot to kill.

The author admits that rape complainants can feel they are the ones on trial and that some guilty people go free. But making defendants prove their innocence would mean proving a negative, often impossible, so more innocent people would be convicted. Lowering the standard so jurors need only be mostly sure would allow convictions on weak evidence and poor witnesses, putting law-abiding citizens at risk.

No, the book argues. After a case brought by Gina Miller, three High Court judges ruled that leaving the EU would change UK domestic law, so Parliament had to vote before withdrawal began. That was a legal question about the constitution. The judges explained how the government could proceed properly, and two months later Parliament voted to start the process and Brexit went ahead.

It suits anyone who reads angry headlines about courts and wants to know what really happened, from the farmer Tony Martin to Charlie Gard and Sir Fred Goodwin. Its practical use is a habit: before sharing a legal outrage story, look for the missing detail and the principle behind the ruling, such as duty of care, a child’s best interests or equality before the law.

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Fake Law

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