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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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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