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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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