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14 February 2008
Issue: 7308 / Categories: Features , Human rights , Disciplinary&grievance procedures , Employment
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A military lottery

The ECtHR ruling in Boyle calls into question the rules surrounding pre-trial detention, say Tim Lawson-Cruttenden and Lacie Kerner

The European Court of Human Rights (ECtHR) gave its judgment in January in Boyle v (App No 55434/00) [2008] All ER (D) 02 (Jan). The case was in relation to a British Army soldier serving as a gunner with the 12th Regiment Royal Artillery stationed in . The applicant was arrested following an allegation of rape in 1999 and was subsequently charged by his commanding officer (CO) with indecent assault under the Army Act 1955 (AA 1955), s 70. Following the charge, the applicant’s CO ordered detention under close arrest pending trial. The applicant argued in the ECtHR that by placing him under close arrest the CO had infringed his right under Art 5 (right to liberty and security of person) of the European Convention on Human Rights (the Convention) on the basis that a CO does not constitute an “officer authorised by law to exercise judicial power” and that his

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

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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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