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Law digests: 30 September 2022

30 September 2022
Issue: 7996 / Categories: Case law , In Court , Law digest
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Coroner

Davison v HM Senior Coroner for Hertfordshire [2022] EWHC 2343 (Admin), [2022] All ER (D) 25 (Sep)

The Administrative Court, first, allowed the claim for an order, under s 13 of the Coroners Act 1988, to quash the defendant coroner’s conclusion that the claimant’s daughter had taken her own life. At the time of her death, the claimant’s daughter had been receiving outpatient treatment for her diabulimia, a rare eating disorder which causes people with type 1 diabetes to omit insulin, from one of the interested party’s consultant psychiatrists and its Community Eating Disorder Service. Among other things, the court held that the discovery of new evidence, a report by an expert in diabulimia (the report), had meant that it was necessary and desirable in the interests of justice for a fresh investigation to be held. The report had demonstrated that there was public interest in more being known about diabulimia, given that it had indicated that: (i) the condition was more widespread than commonly recognised; (ii) better coordination between different disciplines

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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