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24 May 2013
Issue: 7561 / Categories: Case law , Law digest , In Court
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Human rights

R (on the application of Barclay and another) v Secretary of State for Justice and others [2013] EWHC 1183 (Admin), [2013] All ER (D) 123 (May)

It was well established that Art 6 of the European Convention on Human Rights required a judge to be impartial and independent of the executive and legislative powers of the state, as well as the parties to a case. In determining whether there was that requisite degree of independence, regard had to be had to: (i) the manner of appointment; (ii) the duration of the term of the office; (iii) the conditions of the office; (iv) the provisions for removability; and (v) the existence of guarantees against outside pressure. It had to be shown that, on an objective basis, there was the appearance of independence and impartiality.

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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