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THIS ISSUE
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Issue: Vol 172, Issue 8005

02 December 2022
IN THIS ISSUE
Professor Marc Weller provides a fascinating insight into the Supreme Court’s ruling that Westminster’s permission is required before a referendum on Scottish independence can go ahead. Professor Weller, of Cambridge University, examines the case, in this week’s NLJ.
‘Depicting the ECHR and HRA 1998 as alien intrusions undermining British sovereignty is historically illiterate,’ Sir Geoffrey Bindman KC writes in this week’s NLJ. Bindman asks: ‘What is behind this assault on the judiciary, the ECHR and HRA 1998?’
To what extent do the rules of the profession apply to non-solicitor employees? More than you may think. In this week’s NLJ, John Gould, senior partner at Russell-Cooke, writes: ‘Surprisingly, every employee within a firm is a regulated person whether or not they are personally engaged in reserved legal activity.’
Closed proceedings and covert medication? A recent case has created alarm. Is the Court of Protection too secretive? Are sufficient safeguards in place? In the first of a two-part series in NLJ, Dr Laura Davidson, of No5 Chambers, looks into a recent case concerning a vulnerable 20-year-old.
Falling out and making up again—what happens when a couple get divorced then reconcile? Writing in this week’s NLJ, family law solicitor-advocate and NLJ columnist, David Burrows looks at the legal implications of this rom-com scenario.
The ongoing assault on the judiciary, the European Convention on Human Rights & the Human Rights Act is authoritarian & undemocratic, says Sir Geoffrey Bindman KC
Getting back together? David Burrows examines the setting aside of divorce orders where a couple has reconciled
Closed proceedings & covert medication. In the first of a two-part series, Dr Laura Davidson asks if the Court of Protection has retreated to the realm of secrecy
The Supreme Court has ruled that a second referendum on Scottish independence cannot go ahead without Westminster’s permission: Marc Weller examines its judgment
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Results
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Results

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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