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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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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