Legal Features

Articles

Deprivation of clarity: Mental Capacity Act

The Mental Capacity Act was intended to provide a clear framework for the protection of vulnerable individuals. ?Five years on, the results are mixed, ?says Michael Kennedy

Unlocking potential: payment protection litigation after the Harrison settlement

The out-of-court settlement last month in the only PPI misselling case the Supreme Court was due to consider will make it difficult for future claims to succeed – but not impossible, says Rodney Gardner

Individual implications of ABS conversion

Long lock-in clauses and loss of influence over the decision-making process are only some of the issues individual partners need to consider before converting their firm to alternative business structure, says Paul Daniels

Regulatory watch | Why can't the SRA adopt a policy on time extensions?

The principles of transparency, consistency and accountability underpinning the Legal Services Act require our regulator to publish a policy on extensions of time, says Nigel West

European brief | Assumption that employed lawyers are not 'independent' is unsatisfactory

The strict requirement of independence for lawyers appearing in the European Court of Justice is at odds with the court's own approach to restrictive measures and their effectiveness, says Paul Stanley NO

Workshop: Public law: challenging automatic suspension of tenders under review

There is no presumption in law that the automatic suspension of a contract award under challenge cannot be displaced, but applicants must convince the court that, on balance, 'the contract should proceed, says Saira Sheikh

Update | PACE: cover evidence, necessity of arrest

The recent Court of Appeal decision of Saunders v R [2012] EWCA Crim 1380 considered whether a valid waiver is given of the right to legal advice in a police station in circumstances in which all the consequences of a decision to waive are not made known to the suspect.

Update | Immigration: procedure, rights of dependents

'deportation of EU citizens, and the rights of dependents