Justice Matters

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Fashionable again

The Charter, its background, popular misconceptions and its current popularity – Robin Griffith-Jones and Mark Hill QC on Magna Carta, religion and the rule of law  

“Magna Carta,” said Sir Edward Coke, “is such a fellow that he will have no sovereign.” 

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FGM: prosecution and prevention

Nkumbe Ekaney QC and Charlotte Proudman examine the impact of the first FGM case litigated in care proceedings  

A study by Equality Now and City University estimated that about 103,000 women aged 15-49 who had emigrated to England and Wales from female genital mutilation (FGM) practising countries were living with the consequences of FGM.  

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50 years of making better law

Paul Jarvis commemorates the 50th anniversary of the Law Commission, with a particular eye on its efforts to codify the criminal law  

2015 marks the 50th anniversary of the creation of the Law Commission.  

27 April 2015 / Paul Jarvis
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Friends or foes?

Aaron Wood considers whether the emergence of trade mark and patent litigators and advocates will help or hinder the IP Bar  

The Bar is well accustomed to the challenge of solicitor advocates.  

27 April 2015 / Aaron Wood
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Illegality in Context

Sheryn Omeri on the recent decision in Hounga v Allen.  

In the recent Supreme Court decision in Hounga v Allen, the claimant, Miss Hounga, had arrived in the UK on a fraudulent passport which she had used to secure a 6-month visitor’s visa. 

30 March 2015 / Sheryn Omeri / Sheryn Omeri
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Banks, the judiciary and “documentary fundamentalism”

A “Get out of jail free” card? Gerard McMeel explains contractual estoppel.  

As an advocate it is rarely pleasurable to enter the courtroom with one hand tied behind your back. 

30 March 2015 / Gerard McMeel
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Old dogs can learn new tricks

Almost three years after the Bribery Act 2010 came into force, a new weapon for UK prosecutors, enshrined in the Crime and Courts Act 2013, came into effect on 24 February 2014, whereby the Serious Fraud Office and the Director of Public Prosecutions picked up the carrot of Deferred Prosecution Agreements (DPA) to add to the stick of the Bribery Act.   

DPAs in the US federal system have been used by the Department of Justice in criminal prosecutions and the Securities and Exchange Commission in securities enforcement actions for over 20 years, and this inherently US approach has proved, to a large extent, successful. 

30 March 2015 / Alex Haines
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Global Law Summit

Not without some controversy surrounding it, the Global Law Summit took place in February. Counsel reports back.  

In the autumn of 2013, the General Management Committee of the Bar Council, which includes all the leaders of the publicly funded Bar, endorsed the Bar’s involvement with the February 2015 Global Law Summit (GLS). 

30 March 2015
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Speaking to Witnesses at Court

As the consultation on Draft CPS Guidance on Speaking to Witnesses at Court takes place, the DPP, Alison Saunders, explains the reasoning behind the guidance and Tony Cross QC gives the Criminal Bar Association’s view.  

Last month I announced new proposals to better assist victims and witnesses called to court to give evidence in criminal trials. 

10 March 2015 / Tony Cross KC / Alison Saunders CB
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Not for sale

Charlotte Proudman on prostitution, sex buyer laws and the “End Demand” campaign.  

End Demand, a new campaign to change laws relating to prostitution, was launched on 22 October 2014. 

10 March 2015 / Dr Charlotte Proudman
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