All Practice points articles – Page 36
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Joint enterprise: wrong turn in common law
The implications of R v Jogee for the Criminal Cases Review Commission.
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Coronial reform is crucial now
A set of local coroner services with widely varying investigation outcomes fails the bereaved.
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Understanding restorative justice
Now that legislation has enabled more widespread restorative justice, criminal defenders must understand the process.
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PI: reducing your risk exposure
Practitioners must exercise extreme caution when dealing with potential subtle brain injury.
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E-disclosure predictive coding
The use of technology in litigation disclosure looks set to become more common following a landmark judgment.
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Immigration: a challenge to the Upper Tribunal
The Administrative Court has sent a message to the tribunals that their decisions are properly reviewable.
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Commercial contracts: express terms
The Supreme Court recently clarified two key areas of commercial contracts.
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Arbitration: when ‘may’ means ‘must’
Parties should steer clear of using permissive language in dispute resolution clauses.
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Legal ‘super-exam’: too good to be true
The SRA’s proposed central assessment fails to resolve every issue which persuaded the regulator to recommend it.
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Future of legal services: in-house
What does the Law Society report foretell for the in-house sector?
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Defamation: serious harm revisited
Evidence and likelihood of harm are now critical tests in defamation cases.
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Linking medicine and law
Medical-legal partnerships under an ABS model could improve access to justice.
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Challenges of Welsh devolution
The draft Wales Bill must be fundamentally reworked if it is to live up to its promise.
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Future of legal services
In the first of two articles about The Future of Legal Services, we reflect on what the Law Society’s new report foretells for private practice.
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Governance review: commercial imperatives
Is the Law Society institutionally neglectful of commercial solicitors?
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Wills: choice and control at the end of life
Lawyers and healthcare professionals have created a pioneering tool to help people control end-of-life decisions.
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LiPs, privilege and a solicitor’s duty
A solicitor meeting a litigant in person should explain the concept of without prejudice privilege.