Tackling child abuse: is mandatory reporting the answer?
By Declan O’Dempsey Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current...
View ArticleCriminal Justice and Courts Bill – new criminal offences
By Dan Bunting Another year, and yet more criminal justice legislation. The Criminal Justice and Courts Bill 2013-14 is going through Parliament at the moment, and it will come as no surprise that it...
View ArticleBar calls off action – views from the profession
By Rebecca Carter In a turbulent week for criminal lawyers, the profession, until recently so united in protest against legal aid fee cuts, has voiced strong and mixed reaction to the Criminal Bar...
View ArticleNo maternity rights for surrogate parents?
By Samantha Ellaby In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and...
View ArticleRight to privacy: can we really trust Google Glass?
By David Cook It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the...
View ArticleMental Capacity Act 2005 – a damning report
By Alexander Ruck Keene The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence...
View ArticleStatutory backing for pre-nups – a welcome proposal
By Collette Bailey The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory...
View ArticleReoffending reforms – no refinement of relevance
By Lucy Corrin The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders. If someone is asked to disclose convictions, an unspent...
View ArticleAbortion counselling – why statutory regulation is needed
By Michelle Heeley Abortion is an emotive subject, regardless of political persuasion. It is one of the few issues that genuinely has the ability to polarise opinion, with neither side likely to be...
View ArticleChild neglect law – unnecessary tinkering, unintended consequences
By Robert Bryan The Child Maltreatment Bill has barely progressed towards the statute book – and perhaps with good reason. This Private Member’s Bill, presented to the House on the 19th June 2013, is...
View ArticlePre-nuptial agreements – legal endorsement round the corner?
By Collette Bailey The law in respect of pre-nuptial agreements is developing rapidly. Parties have always been free to make their own agreements or arrangements in the past, but it has been an...
View ArticleSmoking ban in cars – right idea, wrong execution
By Michelle Heeley MPs were given a free vote last week on whether they wanted to create a law making it illegal to smoke in a car whilst a child is present. They voted in favour, although it has not...
View ArticleEU uncertainty – the impact on migrants in the UK
By David Brannan Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to...
View ArticleTube strikes – should the law be changed?
By Rebecca Carter This is a topic that needs no introduction. Tube strikes. We’ve had them. For two days. Patience has been tested. Opinions have reached fever pitch. Why? The issues have been...
View ArticleFracking – “not under my backyard!”
By Ben Du Feu Fracking and the myriad of legal, economic, environmental and political issues surrounding the controversial extraction method look set to take prominent place in the regulatory discourse...
View ArticleWills “mix-up” case – no reason for a flood of litigation
By Malcolm Skinner Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwarth and Hodge?...
View ArticleKeir Starmer’s call for a “Victims’ Law” – all heart and no substance
By Felicity Gerry “From a victim’s point of view, our justice system is hardly fit for purpose.. “What is needed is a fundamental rethink, leading to a specific and legally enforceable Victims’ Law,...
View ArticleDomestic abuse – why creating a specific offence is not the answer
By Michelle Heeley The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault...
View ArticleRight to die: the issues before the Supreme Court
By Elaine Freer Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to...
View ArticleProhibiting positive action – clarification, but little practical impact
By Julie Taylor The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in...
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