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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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STATUTE LAW

R (on the application of Kelly and another) v Secretary of State for Justice Re Gibson [2008] EWCA Civ 177, [2008] All ER (D) 172 (Mar)

It will take very clear and unambiguous words in a statute before the courts will construe it as empowering the state to deprive an individual of his liberty.

There is no rule or principle to the effect that the courts will avoid a purposive construction on account only of the fact that the statute in question touches the criminal law. It follows that, in the context of criminal sentencing, the court may read words into a statutory instrument to correct a drafting omission.
 

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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