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13 January 2011
Issue: 7448 / Categories: Case law , Law digest
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Human rights

Osborn v Parole Board, Booth v Parole Board [2010] EWCA Civ 1409, [2010] All ER (D) 185 (Dec)

(1) An oral hearing was not always necessary where an assessment of dangerousness was being undertaken by the parole board on the basis of personality and maturity. It depended on the circumstances, including the information already available from previous assessments. The board was not prohibited from taking into account its own judgment on the basis of the material available to it and to consider whether there was a realistic prospect of that being affected by an oral hearing. The emphasis was on the utility of the oral procedure in assisting in the resolution of the issues before the decision-maker. There was no suggestion that an oral hearing was necessary even where the decision-maker was able fairly to conclude, having regard to the material before it and the issues in play, that an oral hearing could realistically make no difference to its decision.

(2) It was desirable that tribunals should record in brief form what it was in the materials that led them

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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