Blog
News, analysis, comment and updates from ICLR's case law and UK legislation platform
By David Burrows Consent: mental capacity and understanding What does ‘consent’ mean when applied to such situations as living apart for two years and consenting to a divorce; consent of a birth parent to adoption; or consent to the terms of a pre-nuptial agreement or settlement of matrimonial financial negotiations? This article looks at two… Continue reading
This week’s roundup of legal news and commentary includes criminal dishonesty, police investigations, historic victories in the courts, historic counsel remembered and an extremely historic statute. Plus news good and bad from foreign lands. Crime Dishonesty – what remains of second limb in Ghosh test? A recent Twitter thread prompted a discussion on the effect… Continue reading
A judge sitting in the High Court has taken judicial activism to new levels by effectively laying down the law on flirting at work. Or so you might think, after reading a report of one of his judgments in The Times. [Spoiler: he has done no such thing.] In an article entitled “High Court judge… Continue reading
David Burrows questions the idea that politicians can grant a “right to justice”, as opposed to providing the means of access (such as legal aid) or removing the obstacles (such as excessive court fees) to a right we already have. The Right to Justice (Fabian Policy Report, September 2017 ) (the Report) produced by an informal… Continue reading
In this guest post Barbara Rich discusses the judgment of the English High Court on the disposal of the body and funeral ceremony of Ian Stewart-Brady in Oldham Metropolitan Borough Council v Robin Makin [2017] EWHC 2543 (Ch); [2017] WLR(D) 670 Reginald (“Reggie”) Kray, the survivor of the notorious twin brother criminals who flourished in the East… Continue reading
This week’s roundup of legal news and comment includes online convictions, Brexit confusion, legal reporting and women in law. But first, here’s a picture of the MOJ. Courts Online prosecutions and HMCTS Reform The HM Courts & Tribunals Service and Ministry of Justice announced last week that using a system developed in partnership with Transport for London… Continue reading
On 2 November 2017 the Ministry of Justice hosted an HMCTS Public Community Change Event to showcase some of the work being done in the course of its current £1bn overhaul of the court system. Paul Magrath was there. [Post updated 17/11/17.] The Ministry of Justice in St James is an imposing and somewhat dystopian… Continue reading
This week’s roundup is a bonfire of the vanities of Westminster and a fireworks display of legal news and commentary, including sexual harassment in the workplace, judicial recruitment and support, artificial intelligence in law, the Bar conference, cases reported via Twitter, and a riff upon a beermat. Parliament Billy Bunters and their Bully Banter A… Continue reading
A law report is a record of a judicial decision on a point of law which sets a precedent. Not all decisions taken in a court of law set a precedent, however interesting they may be in terms of the facts of the case or its consequences. A decision is only reportable if lays down… Continue reading
Guest post by Barbara Rich On 11 October 2017, this headline appeared on the BBC news website. The story naturally aroused a lot of interest and discussion. The traditional need for formality (two witnesses present at the same time to witness the signature of the person making the will) in creating a valid will is one of those… Continue reading
