MAGIC CIRCLE FIRMS TO REVIEW ‘SEXIST’ SALUTATIONS

Some magic circle firms are reviewing the common salutation in solicitor's letters 'Dear Sirs'.  See here.  Linklaters stated that they were evaluating their communications. The proposal drew derision from commentators: " Think about it, the staff member who came up with this had absolutely nothing better to do with their time.   If that isn't a sign of mismanagement then nothing is"…

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BREXIT LITIGATION IS AN ABUSE OF PROCESS ARGUES SILK

In an article for Counsel Magazine, see here, Stanley Brodie QC argues that the judicial review proceedings that aim to prevent the activation of article 50 without a vote in Parliament, are an abuse of process. Brodie argues that the issues raised are political and thus not properly within the remit of the Courts.  He seems to suggest that the proceedings…

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‘Keep the European Arrest Warrant’ says SRA Chief Executive

SRA Chief Executive, Catherine Dixon, advocates retaining the European Arrest Warrant, post Brexit - see here.  She expresses concern about complex extradition procedures that would replace the EAW and describes the current system as one that procures the return of suspects through "'an almost automatic court-led process". This was precisely the concern of critics as the UK is compelled to…

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LORD CHIEF JUSTICE TO HEAR BREXIT CHALLENGE

The Lord Chief Justice is to hear the Brexit legal challenge in October following a High Court ruling.  The lead Claimant is represented by London Law Firm Mischon De Reya, see here, for their statement on the challenge. The basic premise to the challenge is that the referendum is not legally binding.   Furthermore it is argued that Article 50 of…

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PROBLEM SOLVING COURTS

There have been renewed calls for 'problem solving court's to be piloted across the UK, see here.   The Courts would focus on rehabilitation and crime prevention and would be geared towards drug addicts and young offenders. The reaction to the proposal in the linked article was cynical, for instance: " Stop experimenting and start resourcing the justice system. Too much time…

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COULD BREXIT BE SABOTAGED?

Here is an article from counsel magazine which argues that Article 50 of the Lisbon Treaty cannot be triggered without Parliamentary Approval despite the referendum result.  The article takes a neutral position on the merits of leaving the EU but seeks to argue that from the perspective of constitutional law, Parliament is not bound to honour the referendum result. Other commentators…

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British Bill of Rights Back on Track

Following my last post on this subject, the replacement of the Human Rights Act is said to still be in process despite rumors that the Prime Minister wanted to scrap the project see here.  The Justice Secretary Elizabeth Truss confirmed that the new legislation was a manifesto pledge and therefore should be delivered. The Human Rights act has proved controversial…

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Unprecedented £19 bn class action against Mastercard

MasterCard is facing an unprecedented class action in the UK set to be worth approximately £19 billion. The action is being brought pursuant to the Consumer Credit Act 2015 and is based on fees levied in cross border transactions within the EU. In 2014 MasterCard was found to have contravened EU law by imposing what are known as intercharge fees…

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A Criminal Code?

The Lord Chief Justice, Lord Thomas has called for the criminal law to be codified in a single document see here and also here for the speech. This would be some feat given that Archbold, a criminal practioner's book is about 6 inches thick and this just contains a working number of statutes, procedural rules and common law decisions. If the code…

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Public Interest Lawyers Shut Down

Phil Shiner head of Public Interest Lawyers, pictured above. Further to my last blog on PIL, the firm have now closed following revocation of their Legal Aid Contract.  The news is probably inevitable if the the firm specialised in legally aided cases. Using tax payers money to fund litigation by foreign nationals will always prove politically controversial, especially when the…

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