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IICSA: a challenge to due process?

As the IICSA launches under its fourth chair, David Wolchover and Anthony Heaton-Armstrong ask how radically the Jay Review has reined in its objectives in wake of criticisms about deficit of due process  

Coming at a time of mounting public disquiet over the actions and management of the Independent Inquiry into Child Sexual Abuse (IICSA), the mysterious resignations of its third chair, Dame Lowell Goddard, its leading counsel, Ben Emmerson QC, and other legal staff gave replacement chair, Professor Alexis Jay, pause to take stock.  

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A united approach

HHJ Simon Drew QC and Lynda Gibbs explain why the pan-profession s 28 and ‘advocacy and the vulnerable’ training – being delivered to over 14,000 criminal advocates over the next two years – heralds a sea change  

Twenty-seven years ago, the Pigot Committee proposed a mechanism to allow for the whole of a young child’s evidence to take place out of court, in advance.  

21 February 2017 / HHJ Simon Drew KC / Lynda Gibbs
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Miller, BrEXIT and BreUK-up

The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution  

10 February 2017 / Aidan O’Neill KC
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Miller and the modern British Constitution

Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment  

There are few aspects of the modern British constitution that the Supreme Court’s judgment in Miller does not at least engage (R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references  [2017] UKSC 5).  

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IDRC in action

Damian Hickman offers an insight into the challenges of running a busy international arbitration centre –from debugging services, extra-large entourages and last-minute visa requests  

Writing in the Global Arbitration Review in May 2016, J William Rowley QC emphasised that ‘the importance of excellent, purpose-built arbitration hearing facilities cannot be over-estimated in the choice of… seat’.  

27 January 2017 / Damian Hickman
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Economic sanctions

From ‘smart’ sanctions to judicial review, closed hearings to the Brexit/Trump effect, Maya Lester QC briefs readers on the varied legal issues surrounding the foreign policy tool of choice: economic sanctions  

Economic sanctions have been a foreign policy tool of choice for some time.  

24 January 2017 / Maya Lester KC
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Lessons from preparing a big case

As the child abuse inquiry continues to buckle under varied pressures, Pete Weatherby QC describes the practical challenges of running inquiries and other high-volume cases – being a techie geek is a bonus  

‘But can’t we just run off one copy?’ was the plaintiff cry of one of the team.  

24 January 2017 / Pete Weatherby KC
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Arbitration v litigation

Family arbitration is hitting its stride: the IFLA scheme successfully resolving financial disputes and keeping families out of court has now been extended to children cases. Janet Bazley QC and Gavin Smith explain how it works  

Contrast two very different scenarios. In the first, you turn up at court for a family hearing to find that you are listed in front of a non-specialist judge.  

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Wilful neglect

With a disturbing rise in deaths due to poor care, abuse or neglect in hospitals and care homes, Zia Akhtar examines the impact of the new criminal offence of wilful neglect. Will it improve or undermine the safety of vulnerable patients?  

The offence of ‘wilful neglect’ is a new offence under the Criminal Justice and Courts Act 2015 (CJCA 2015) under which there is criminal liability where a person has been placed under the care of a medical professional in a hospital or care home (s 20), or under private home care (s21).  

24 January 2017 / Zia Akhtar
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Uncommon counsel (1): Barristers and the City

Last year, a local issue awoke the Bar’s interest in the City of London. Gregory Jones QC urges barristers to dust off their voting rights and reclaim their voice in the City – on the doorstep of the Inns of Court  

Barrister politicians are nothing new. Lincoln’s Inn alone has produced 16 British prime ministers.  

20 December 2016 / Gregory Jones KC
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Time for change and investment

The Chair of the Bar sets out how the new government can restore the justice system

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