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05 January 2015
Issue: 7635 / Categories: Legal News
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Taking the philosophical approach to social policy

Philosophy rather than judicial precedent may produce the best answers to difficult social policy issues.

Writing in NLJ, barrister Jon Holbrook praises Mostyn J’s ruling in November on the caring arrangements of Katherine, a woman who lacks mental capacity and believes it is still 1996 (Rochdale MBC v KW [2014] EWCOP 45, [2014] All ER (D) 200 (Nov)). The case centred on the meaning of “liberty”, which Mostyn J answered with citations from John Stuart Mill. 

Holbrook writes: “Katherine’s case ended up in court because of a recent precedent, decided not by asking the big question of “what is ‘liberty”?’ but by applying a recent legal precedent. In March 2014 a majority of the Supreme Court concluded that liberty meant ‘the state or condition of being free from external constraint’ [in Cheshire West [2014] UKSC 19, [2014] All ER (D) 185 (Mar)].

“Sadly, this approach means that tens, if not hundreds, of thousands of cases similar to Katherine’s are now subjected to routine and unnecessary judicial scrutiny, which will suck resources away from those who need them…Mr Justice Mostyn has found the antidote: put aside the legal precedent and take off the shelf some works of philosophy.”

 

Issue: 7635 / Categories: Legal News
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
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A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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