Assessing the State’s obligations under ECHR, art 3

Police Investigate

How does the decision in DSD and another further our understanding of the police’s duty to investigate? Steven Walmsley, a solicitor at Broudie Jackson Canter, explores the police’s duty in light of the Court of Appeal’s decision. The case DSD and another v Metropolitan Police Commissioner; Koraou v Chief Constable of Greater Manchester Police[2015] EWCA […]

Why do corporate lawyers need to know about human rights?

Conservative’s new proposals on human rights

by Lise Smit Since the adoption of the UN Guiding Principles on Business and Human Rights in 2011, human rights due diligence requirements are progressively finding their way into hard law, for instance, in reporting and compliance regulations. Examples of recent regulatory developments include the EU Directive on non-financial reporting, the UK Modern Slavery Act […]

Stress-testing Schedule 3: cross-border placements and the Court of Protection

Jurisdiction mental health

by Alexander Ruck Keene In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within […]

Surrogacy agreement breakdowns–what are the issues?

maternity leave for surrogate mothers

Are new laws needed to cover surrogacy arrangements and modern family set-ups? Mai-Ling Savage, a barrister and specialist in surrogacy, same-sex parenting and fertility law at Fourteen, a specialist family chambers, analyses a recent case which highlights the lack of a clear legal framework to enforce agreements made before the birth of a child. H […]