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Crime brief: 7 & 14 April 2023

07 April 2023 / David Walbank KC
Issue: 8020 / Categories: Features , Procedure & practice , Criminal , Rule of law , Human rights
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The Supreme Court has warned that those on the losing side of a political debate should not then resort to undermining legislation: David Walbank KC reports
  • Abortion services in Northern Ireland.
  • Legislative competence of Northern Ireland Assembly.
  • Respect for democratic process and rule of law.

We live in lawless times. However, today's ‘outlaws’ are not just the usual rogues’ gallery of murderers, rapists, thieves and fraudsters. It sometimes seems that the spirit of lawlessness has infected our ruling classes, with ministers and parliamentarians talking with abandon about flouting the law of the land or breaking international law. Indeed, the Supreme Court has recently bemoaned the fact that on occasion nowadays ‘those in public office are not prepared to comply with their legal obligations because they disagree with the relevant law’ ([2022] UKSC 32).

Legislative manoeuvres

The background to Reference by the Attorney General for Northern Ireland—Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32, [2022] All ER (D) 25 (Dec)

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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