Resources

Category: Conference papers


  • photo for Investigating the NHS and Defending Patient Safety

    Investigating the NHS and Defending Patient Safety

    June 24 2016 | Conference papers | By Jesse Nicholls

    Mid-Staffordshire, Morecambe Bay, Winterbourne View, Southern Health. Sadly the NHS is far from immune from preventable deaths, individual and systemic abuse, and deficient investigations into its own failings. The need for effective systems that will prevent death and serious harm, protective duties that require staff to take operational measures to protect those in their care, and robust, searching investigations into deaths and incidents of mistreatment are needed in healthcare and clinical settings now more than ever.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    May 12 2016 | Conference papers | By Henrietta Hill QC

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    May 12 2016 | Conference papers | By Adam Straw

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for Article 14: Discrimination in State Benefit Cases

    Article 14: Discrimination in State Benefit Cases

    November 6 2015 | Conference papers | By Jamie Burton

    There are no enforceable economic, social or cultural rights in the UK. Although the UK has ratified ICESCR it has not been incorporated into domestic law and the ECHR is of course primarily concerned with civil and political rights. Therefore it is generally uncontroversial that there are no rights to state benefits or social security in the UK. The attempts that have been made to infer such rights under ECHR have largely failed.

  • photo for Social Security Salami Slicing: What's Left to Cut?

    Social Security Salami Slicing: What's Left to Cut?

    November 6 2015 | Conference papers | By Mike Spencer

    The current Government was elected on a promise to cut £12 billion from the social security budget. Detailed plans were announced post-election in the July 2015 Summer Budget and legislation has been published in the form of the Welfare Reform and Work Bill (‘the Bill’). This paper considers whether proposals, as currently drafted, are lawful and specifically whether current measures in the Bill comply with domestic and international law.

  • photo for Why Henry VIII Clauses Should be Consigned to the Dustbin of History

    Why Henry VIII Clauses Should be Consigned to the Dustbin of History

    November 6 2015 | Conference papers | By Richard Gordon QC

    The Government sometimes adds a provision to a Bill which enables the Government to repeal or amend it after it has become an Act of Parliament. The provision enables the amendment of primary legislation using delegated (or secondary) legislation. Such provisions are known as ‘Henry VIII clauses’. To students of ‘1066 and All That’ Henry VIII was a dangerous tyrant and ‘a bad thing’. In 1539 he persuaded a supine parliament to pass the Statute of Proclamations giving the king's decisions the same force as acts of the legislature; hence the name Henry VIII clause.

  • photo for Top Public Law Cases of the Year

    Top Public Law Cases of the Year

    October 22 2015 | Conference papers | By Joanna Ludlam, Naina Patel & Iain Steele,

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases below (from September 2014 to July 2015) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked four cases. They are summarised below in chronological order.

  • photo for Future proofing: Running human rights arguments under the common law

    Future proofing: Running human rights arguments under the common law

    October 22 2015 | Conference papers | By Adam Straw

    There have been lots of exciting things going on in the courts recently regarding the constitution and fundamental rights. Michael Fordham QC has delivered an overview of these changes in his earlier talk. This seminar aims to fill in the detail. It outlines the recent changes and argues that there is as yet no certainty that a repeal of the HRA will make no difference. It gives suggestions for what may be done now to try to enhance the protection of fundamental rights by the common law and to safeguard your cases from the potential repeal of the Human Rights Act.