Who Will Guard the Guardians? Challenging the Decision to Prosecute

Who Will Guard the Guardians? Challenging the Decision to Prosecute

Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010.

(This paper was first published in the journal Judicial Review, 2017, 22(2), 124-142. For a copy, please contact Thom)

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Access to Justice

Access to Justice

It might be thought that it requires a certain level of masochism for a legal aid practitioner to want to read a book which details the recent cuts to the justice system. Nonetheless, there are a growing number of recent publications that can be described as falling into the category of “misery lit for legal aid lawyers”. From Steve Hynes and Jon Robins’ concise but forceful 2009 polemic, The Justice Gap, and 2012 follow-up Austerity Justice, to the more recent publication of Access to Justice and Legal Aid by Asher Flynn, the spotlight is finally being shone on the effect of austerity on access to justice. The latest contribution to this growing sub-genre is Access to Justice: Beyond the Policies and Politics of Austerity.

(This article first appeared in the journal Public Law in April 2017)

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Lord Sumption and the Limits of the Law

Lord Sumption and the Limits of the Law

Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger than those he addressed in the 27th Sultan Azlan Shah Lecture, given in Kuala Lumpur, on 20 November 2013. His paper, entitled “The Limits of Law”, sought nothing less than a redefinition of the boundary between the legal and the political (This article first appeared in Judicial Review on 31 October 2016). 

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Why Cameron has got it wrong on judicial review reform

Why Cameron has got it wrong on judicial review reform

It seems that David Cameron is a firm believer in the old adage that no government ever lost votes by attacking the legal profession. After LASPO’s cuts to legal aid provision, the coalition is now gunning for judicial review (This article first appeared in The Lawyer on 23 November 2012).

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Books for budding advocates: the really useful guide

Books for budding advocates: the really useful guide

It’s a trite complaint of most advocacy textbooks that the “art of oral persuasion” is one that cannot be acquired purely through reading books. Though there is undoubtedly some truth in that statement, those students looking to make a living from the spoken word are well advised to keep an amply stocked bookshelf (This article first appeared in The Times on 20 October 2011).

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Review: Tom Bingham and the Transformation of the Law

Review: Tom Bingham and the Transformation of the Law

The arc of the book is ambitious, attempting nothing less than the charting of the “transformation” in the law which took place over the course of Bingham's career. In a reflection on Bingham's popularity as a judge, the editors have assembled a stellar array of contributors. Of the 53 essays in the book, two are written by current members of the UK Supreme Court, eight by Court of Appeal judges, two by High Court judges, one by a US Supreme Court Justice, as well as a dazzling host of academics and practitioners from both domestic and foreign jurisdictions (This article first appeared in Public Law in January 2011).

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Landlords free to ignore deposit protection deadlines

Landlords free to ignore deposit protection deadlines

The Court of Appeal's decision in Tiensia says a strict interpretation of Housing Act allows landlords to disregard deadlines for tenant deposit schemes (This article first appeared in The Guardian on 15 November 2010).

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