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December 2015


Legal Action

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With two-thirds of bidders losing out in the criminal legal aid duty tender round, some litigation was always going to be inevitable. What the government appears not to have anticipated, though, is the sheer number of cases being brought and, more importantly, the risk that the entire duty tender policy might be blown out of the water by a flawed procurement process.


The Court of Appeal has found in favour of the government on the controversial legal aid residence test ([2015] EWCA Civ 1193, 25 November 2015).


The Ministry of Justice was a big loser in the spending review settlement announced in November by chancellor of the exchequer George Osborne, but did receive a much-needed boost in extra capital for modernisation.

Cover story

Making the case for human rights

December, 2015 by Rachel Krys

Lawyers know the value of the Human Rights Act as they use it every day to help clients. Now it’s time for the profession and campaigners to join forces and work together to protect this vital safeguard, says Rachel Krys.

When the late and sadly missed Mike Fisher and I started a new firm in November 1985, we had two very big cases.


Steve Broach assesses key changes in the Children and Families Act 2014 relating to the duty to aim for best possible outcomes and to the new education, health and care plans, while Camilla Parker looks at deprivation of liberty in the context of Trust A v X.

Law and practice

Court of Protection: case note

December, 2015 by Mathieu Culverhouse and Richard Jervis

Mathieu Culverhouse and Richard Jervis explore a landmark case on the withdrawal of life-sustaining treatment from someone in a minimally conscious state.

Law and practice

Immigration: update

December, 2015 by Jawaid Luqmani and Colin Yeo look

Jawaid Luqmani and Colin Yeo look at the Immigration Bill, ‘deport first, appeal later’, evidential flexibility, the refugee crisis and delays in the First-tier Tribunal.