Justice Matters

David Anderson QC examines the post-Brexit implications for national security and identifies potential fault lines for future security cooperation with the EU  

As jihadi fighters from Europe return from the battlefields of Syria, sometimes by complex overland routes, the advantages of a coordinated European response to terrorism seem obvious. 

Following the triggering of Art 50, Anneli Howard assesses the possible ramifications of the Supreme Court’s Miller ruling, other associated litigation and key next steps for the UK’s withdrawal from the EU  

The British are famous for their unwritten constitution, which has evolved over the last 800 years.  

The new principle introduced by the Supreme Court to govern civil claims (other than for restitution) affected by illegality is likely to result in fewer claims being barred, argues Nicholas Strauss QC in the second part of this two-part article  

This article examines how the Supreme Court has resolved the fundamental difference of view (apparent in several recent cases in the Supreme Court) between supporters of, respectively, the rule-based principle expressed by Lord Mansfield in Holman v Johnson  (1775) 1 Cowp 341, 343, and a more flexible rule based on an assessment of all the relevant factors in any given case and proportionality.  

Information from the Brexit Working Group 

Don’t be intimidated by e-working: the advantages are manifold and anyone can get up to speed with a few hours’ practice, writes Paul Hart in this how-to guide  

Oh, the irony, you may think, as we sit on the boundary between the old world and the new.  

With an encyclopaedic knowledge of criminal law, intellectual rigour and practitioner focus, Professor David Ormerod QC is driving ambitious law reform. David Wurtzel meets the universally respected Law Commissioner  

I met with Professor David Ormerod QC, one of the four Law Commissioners, in a tiny room in the Ministry of Justice building. 

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  

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).  

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’.  

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).