Commentary

A transcript of the Court of Appeal’s judgment in R (Miranda) v SSHD [2016] EWCA Civ 6 can be found here. [Hat tip to @RichGreenhill for nudging me that the transcript was available on BAILII]. Facts David Miranda was stopped and detained by police at Heathrow airport in August 2013 under para 2(1) of Schedule… Continue reading about Case Note: R (Miranda) v Secretary of State for the Home Department [2016] EWCA Civ 6

Introduction to the Review The purpose of this Review is to pull together the most significant criminal cases decided in 2015 into one place and to provide a short “snippet” on each that e ncapsulates the principle of law for which they stand as authority. There are many superior alternatives to this sort of “updater”… Continue reading about Criminal Law – 2015 Case Law Review

English and Welsh law is made up of common law and statute law – what I shall call, together, primary law; and, of the two, statute law will always trump common law. Common law is made for the most part by judges of the High Court, Upper Tribunal, Court of Appeal and Supreme Court. Statute… Continue reading about Of Common Law, Statute and things…

The open justice principle identified in Scott v Scott [1913] AC 417 remains the default position for family proceedings. Any derogation or departure must be justified as an exception. The approach of the Family Procedure Rules (in FPR r 27.10), purporting to reverse the polarity of that presumption of open justice, ought to be regarded as ultra vires (ie not within the statutory powers of the rule makers: see Courts Act 2003 ss 75 and 76) — not to mention an affront to the whole purpose of open justice and transparency, viz accountability and the disinfecting powers of sunlight, argues David Burrows in this guest post.… Continue reading about “To be heard in the dining hall…”: Scott 100 years on

Welcome to the ICLR Criminal Law Updater for January to March 2015. Here’s our round up of the reportable criminal cases decided in the High Court, the Court of Appeal (Criminal Division) and the UK Supreme Court over the last four weeks. Where a transcript is available on BAILII, a linked reference has been provided.… Continue reading about ICLR Criminal Law Updater (January – March 2015)

Guest post by David Burrows   Funding case law: ‘advantage’, applicants A fresh batch of legal aid and funding cases has appeared since mid-December last year; and of these the news is that the much publicised (by the President of the Family Division) parents in Re D (A Child) [2015] EWFC 2; [2015] CN 64,… Continue reading about Family legal aid and funding: January 2015

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 about Minimising the Inequality of Arms: Children proceedings and the right to a fair trial

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 about The C-section case: final chapter

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 about Court rejects legal challenge to QASA