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Legal issues in dementia care: the Nuffield Council’s report
By Jill Peay, Professor of
Law, London School of Economics
The Mental Capacity Act (MCA) sets out how a decision
can be made if a person is not able to make that particular decision
for themselves. It must, however, always be assumed that a person
does have capacity to make a decision, until it is shown that they
can’t.
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A Unified Fraud Prosecution Office—Has a Case Been Made Out?
By Monty Raphael
Fraud
in the UK is now estimated (still not measured) at £30 billion
per annum. The variety of fraud has itself multiplied as delinquent
ingenuity mirrors creativity and risk-taking in the legitimate economy.
At the same time, as we look back 25 years to the Roskill Committee
Report, we remark that a coherent anti-fraud strategy is yet to
emerge. |
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Legal services reforms – some unresolved questions
By Stephen Hockman QC, Head of Six Pump Court
chambers
Regulation
is an inescapable feature of modern society. No longer can any group
of service providers, even a group as ancient and reputable as the
Bar of England and Wales, claim to remain exclusively self-regulating.
A regulatory framework has to be established so as to ensure that
the public interest is adequately protected in the manner in which
barristers provide their service. |
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Although the Ministry of Justice has spent the last two years reviewing
homicide law, there still remains a serious problem around “one-punch
killers” which means punishment for bad luck, according to:
Barry Mitchell, Professor of Criminal Law
and Criminal Justice, Coventry University Law School
One of the criticisms the writer
and others have of the current law is that it makes it too easy
for a person to be convicted of manslaughter, essentially because
the law pitches the minimum level of culpability too low. |
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Rights
and remedies
Thom Dyke looks at the scope of housing law
rights and remedies.
In a previous article (see ‘A
Home for Rights’, Michaelmas issue, October 2009) I addressed
the issue of which human rights provisions are most commonly engaged
by housing law issues. The next logical step is to ask who will
be affected by these rights, before then considering what powers
the courts have in respect of supplying an adequate remedy. |
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Change you can believe in: What new rights against associative discrimination
mean for claimants
By Matthew J Smith BA Oxon, PGDL Brookes,
LLM Inns of Court School of Law
The recent European Court of Justice
case of Coleman v Attridge Law demonstrates the potentially radical
changes the Tribunal System can affect in day-to-day life. Sharon
Coleman worked as a legal secretary for a firm of solicitors called
Attridge Law |
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Concerns over future of publicly funded work
By Paul Mendelle QC
The government monitors the state of legal aid by all manner of
indicators, yet it sometimes seems as if the cost of its upkeep
is the only vital sign that matters. The mantra of the day from
government is sustainability, but no-one outside Whitehall (or inside
we often feel) is clear quite what that means |
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Working
with experts at civil trials
By Mark Solon, Solicitor, Bond Solon Training
Judges do not have to accept
expert evidence, even if it is from a single joint expert, or from
an ‘illustrious source’. The function of expert evidence
is to assist the judge, not to usurp the judge’s role. At
a minimum, you should remind inexperienced experts that when they
give evidence they should: a) address the judge (not the counsel
examining them. |
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Comparing
the cost: we must look beyond prison
By Roma
Hooper and Roma Walker, Make Justice Work
A number of countries
are waking up to the fact that prison is an expensive and ineffective
option for low level offenders, and that imprisonment should be
reserved for those who are a serious danger to the public. For example,
new reforms in Norway mean that all prisoners serving less than
four years will start their sentence in an open prison. |
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Call to ban magistrates from sending minor offenders to jail
By Carol Hedderman, Professor of Criminology at the University of
Leicester
Anyone who questions whether we need to be sending quite so many
people to prison risks being labelled soft on crime and being more
concerned with the rights and needs of offenders than the rights
and needs of victims.
The National DNA Database:
crime solving tool or violation of civil liberties?
By Sir
Bob Hepple QC, FBA, Emeritus Master of Clare College and Emeritus
Professor of Law, University of Cambridge.
DNA profiling has had a dramatic
impact on the detection and prosecution of crime. But this rapidly
developing technology has also given rise to many concerns, for
example the indefinite retention of DNA samples from those who are
not charged or are acquitted;the
irrevocability of consent given in fraught circumstances by victims
and witnesses.
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A
new era dawns: Are we awake?
Andrew Butler, Barrister at Tanfield
Chambers, considers the arrival of the Legal Services Act and what
this means for how barristers should market their expertise, and
reviews his chambers’ experience so far in embracing the new
era. The aim is clear: the Act seeks to encourage change in the
legal marketplace, but how, as barristers, will this affect our
profession? . |
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