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Articles tagged with: Legislation/reform

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[ 28 Mar 2014 | 2 Comments ]
Bar calls off action – views from the profession

By Rebecca Carter
In a turbulent week for criminal lawyers, the profession, until recently so united in protest against legal aid fee cuts, has voiced strong and mixed reaction to the Criminal Bar Association’s (CBA) decision to call off the imminent two days of action and their no returns policy.
The announcement from CBA Chairman Nigel Lithman QC came following a deal reached with the Ministry of Justice in which they agreed to suspend all fee cuts for graduated fee cases until the next general election in summer 2015: “This gives 89% …

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[ 26 Mar 2014 | No Comment ]
No maternity rights for surrogate parents?

By Samantha Ellaby
In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.
Current EU law
EU law sets minimum standards of protection for pregnant workers and those on maternity leave. However, it does not specifically govern the protections to be afforded to surrogate parents. Recent debate has questioned whether the Pregnant Workers Directive entitles commissioning mothers (that …

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[ 24 Mar 2014 | No Comment ]
Right to privacy: can we really trust Google Glass?

By David Cook
It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.
Glass is, relatively speaking, inconspicuous. The camera enables the wearer, simply by voice command, to take photographs or record videos and upload these to the internet much more quickly and covertly than would be the case with a camera or smartphone. The difference between the technologies is three-fold:

It is …

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[ 17 Mar 2014 | One Comment ]
Mental Capacity Act 2005 – a damning report

By Alexander Ruck Keene
The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported.
After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.
The headline recommendations are already well-known, but chief amongst them are:

Overall responsibility for the Act be given to an independent body whose task will …

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[ 11 Mar 2014 | No Comment ]
Statutory backing for pre-nups – a welcome proposal

By Collette Bailey
The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change.
In their report published on 27 February 2014, the Law Commission recommended the introduction of legally binding “qualifying nuptial agreements”. The report, Matrimonial Property Needs and Agreements, includes a draft bill which would bring pre-nups into law.
Whilst many couples resolve their finances without contested court proceedings, for others the court has to decide …