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Is reporting EU case law now a waste of time?

Brexit will have a decisive effect in altering the relationship between the case law of the Court of Justice of the European Union (CJEU or ECJ) and that of England and Wales, but it would be a mistake to assume that European case law will shortly become irrelevant. Paul Magrath comments on the forthcoming Great Repeal Bill.

On 30 March 2017 the government …

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McKenzie Friendly fire?

The controversy over so-called ‘professional’ or paid McKenzie Friends  flared up again last week. Paul Magrath reports on what is often a regulatory minefield.

Image from McKenzie Friends Marketplace website

A new outfit, called McKenzie Friends Marketplace (MFM) has been set up by Fraser Matcham, a second year law student in London, as a sort of business hub …

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Weekly Notes: legal news from ICLR — 27 March 2017

This week’s roundup of legal news and commentary includes terrorism, politics, and the judiciary, plus transparency in the family courts and an exciting new development at ICLR.

 

 

Judiciary LCJ v LC

Who will stand up for the judiciary? A row has erupted between the Lord Chief Justice and the Lord Chancellor over the extent of the constitutional duty of the latter to protect and defend the judiciary, of which the former is head.

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Family law no island: Statutory charge or Pyrrhic damages

Points of Law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows considers the origins of the legal aid statutory charge in an old common law remedy developed in cases by reference to which the statutory provisions should still be construed.

Human Rights Act 1998 damages and legal aid

It is often said the old jokes are the best. So it is of case law; but only occasionally of wine. Of the legal aid statutory …

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Weekly Notes: legal news from ICLR — 20 March 2017

This week’s roundup of legal news and commentary covers everything from politics to war and a bit of law in between. Some lighter notes amid the gloom, but mostly they’re laughter in the dark.

 

Brexit & Breakup To lose one union may be regarded as a misfortune. To lose two looks like carelessness.

Parliament having finally voted to give the government power to issue notification under article 50 of the EU Treaty of …

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Weekly Notes: legal news from ICLR — 13 March 2017

This week’s roundup of legal news and commentary features the Lord Chancellor, a crisis in the judiciary, libellous tweets, and the Lords and Knights of Brexit. In short, another mixed bag of goodies (and baddies).

Policy Lord Chancellor interviewed, wriggles a bit, slips off hook

Last week’s BBC Radio 4 Law in Action programme was wholly taken up with an unintentionally revealing interview of the Lord Chancellor and Secretary of State for Justice, …

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ICLR Open University Law Society Mooting Competition 2017

The Grand Final of the ICLR Open University Law Society Mooting Competition 2017 was held in the main courtroom at the UK Supreme Court, before Baroness Hale of Richmond DPSC. Paul Magrath was there.  Drawings by Isobel Williams.

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“Setting a precedent” – what does it actually mean? (Transparency Project)

In this guest post from the Transparency Project, barrister Lucy Reed explains the doctrine of precedent and how it works in practice, correcting a mistake made by more than one newspaper recently in reporting the financial dispute arising out of a divorce.

 

On 27 February 2017 The Telegraph reported on an ongoing appeal in the Court of Appeal by a wealthy wife (Mrs Sharp) in respect of the financial order made following her divorce. Continue Reading

Weekly Notes: legal news from ICLR — 6 March 2017

This week’s roundup of legal news and commentary deals with snooping, whistleblowing and journalism as well as judicial appointments and legal aid fees. Stormy political weather continues across the pond.

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Guilty until proven innocent? — Lecture by Professor Jo Delahunty QC

Giving the second of a series of lectures at Gresham College on the difference between crime and family law proceedings, Jo Delahunty QC spoke about the use of expert medical evidence in cases concerning the death or serious injury of a child. She explored, by way of example, one of her own most challenging cases, that of baby Jayden Wray, in which severe rickets and vitamin D deficiency could have accounted for what at first seemed a case of gross …

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