Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
Guest post by David Burrows A buttress to the right to a fair trial under article 6 of the European Convention on Human Rights is the concept of ‘equality of arms’. This does not mean that where an opponent’s representation is paid for, every civil case justifies a grant of state funding; but, for example,… Continue reading
The British and Irish Association of Law Librarians (BIALL) held their 45th annual conference in June 2014 at the Harrogate International Conference Centre. ICLR was at Stand No 10 to offer demonstrations, free trials and subscription sign-ups of ICLR Online to delegates. And among the speakers at the plenary sessions, Daniel Hoadley, ICLR’s Business Development… Continue reading
In an earlier post, The Curious Case of The Court, The Commentators, The Woman, and Her Baby, we considered the story, widely and hysterically covered in the media, and more rationally by legal bloggers, of a pregnant Italian woman who had visited the UK in the summer 2012 only to be “sectioned” under the Mental… Continue reading
The long running saga concerning attempts by legal regulators to impose a quality assurance scheme on criminal advocates in the face of widespread and determined opposition from barristers and solicitors added another chapter today when the High Court rejected a challenge to the scheme by way of judicial review. In a judgment handed down yesterday,… Continue reading
How the family courts were induced to deliver open justice by caesarean section There is a story here which is a sad one, about a woman and her baby, and how they were separated, and why. It is a story that has been subject to a good deal of comment, even outrage, not all of… Continue reading
The recent decision by a Crown Court judge requiring a Muslim woman defendant to remove her niqaab (face-covering veil) when giving evidence in her own defence, but permitting her to keep it on during the rest of the trial, has prompted a good deal of comment in the social media. The reasons given by His… Continue reading
A Muslim woman appearing as a defendant in the Crown Court could be required to remove her niqaab when giving evidence, though she was free to wear it during other parts of the trial. To limit the restriction on her religious freedom, she would be permitted to give evidence from behind a screen, shielding her… Continue reading
In a recent Commercial case Standard Bank plc v Via Mat International Ltd [2013] EWCA Civ 490 the Court of Appeal drew attention to Khader v Aziz (Note) [2010] 1 WLR 2673, reiterated its warning against the unnecessary length of skeleton arguments and reminded parties of the possibility of the sanction of adverse costs orders.… Continue reading
At a time when Parliament is considering whether to legalise same-sex marriage, and when modern medicine has severed the links between sex and procreation, Sir James Munby, President of the Family Division, giving the latest ICLR Annual Lecture, pointed to the “immense gulf” which separates our world from that of the Victorians, and asked how… Continue reading
If a party is charged with drawing up an order it is the duty of its solicitors and counsel to produce a draft that fairly reflects what they think the judge decided or directed. Thus spake Edwards-Stuart J on 14 March 2013 giving judgment in Webb Resolutions Ltd v JV Ltd (trading as Shepherd Chartered… Continue reading