Practice points – Page 39
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FeatureCrime and punishment: ‘free will’ an illusion
The ideology behind retributive punishment is fundamentally flawed.
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FeatureCosts-shifting and the Year of the Sheep
How qualified one-way costs shifting will prompt more costs orders against solicitors.
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FeatureCriminal proceedings: timely blueprint
Lord Justice Leveson is right but he needs the support of the lord chancellor.
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FeatureConstruction law: weather warning
Last year’s floods triggered a myriad legal disputes and insurance claims. What have we learned?
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FeatureGood commercial law makes good societies
None of the developments of the last millennium work without certainty of contract, property law, and clear redress to back any partnership, loan or enterprise.
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FeatureException to the privilege rule
The iniquity exception to privilege can prove useful in a variety of litigation contexts.
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FeatureCompetence and assessment
Flexibility in how professional standards are met should be the cornerstone of training.
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FeatureUnmanned aircraft systems
The regulatory infrastructure surrounding consumer use of drones is worryingly inadequate.
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FeatureRegulators and judicial review
Debate around judicial review has made headlines in recent weeks with proposed government reforms being the subject of heated debate in the House of Lords.
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FeatureDNA and case preparation
What the criminal practitioner needs to know about changes to forensic DNA testing.
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FeatureDiversity at any price?
Judicial diversity champions are out of touch with life at the coal face.
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FeatureWhy joint enterprise is unfair and needs changing
The principle of joint enterprise where there is no opportunity for a jury or judge to distinguish between different roles and culpability needs changing.
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FeatureAcademic appeals – misuse of injunctions
Universities’ use of injunctions to prevent the adjudication of academic complaints needs review.
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FeatureStatistics for early conciliation: six months on
Whisper it quietly but Acas early conciliation (EC) does seem to be settling down well and may yet prove the critics wrong. That is what Acas wants us to believe, but are they right?
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FeatureLiPs: a radical solution
An inquisitorial approach could be adopted in small claims, improving the speed and efficiency of these cases, as more litigants in person come to court.
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FeatureBanking: after the health check
The ECB’s comprehensive assessment of the EU’s banks will boost the legal market.
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FeatureTreat reforms with caution
Chris Grayling’s plans to scrap police cautions could have unintended consequences.
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FeatureEU competition: searching for answers
What are the key competition law issues in digital economy cases?