Weekly Digest: 16 December 2019
This week’s edition considers one judgment of the Court of Appeal. In R. v McCarthy (Brendan Patrick) the Court considered an appeal against a sentence imposed following the appellant’s plea of guilty...
Weekly Digest: 9 December 2019
This week’s edition considers four judgments; two of the Court of Appeal (Criminal Division), and two of the Divisional Court. In Reynolds the Court of Appeal considered the proper approach to summing-up and...
Causation and Cleopatra’s nose
A nose can be a curious thing: so too causation. I In his Pensées (1669), published from an array of notes following his death, Blaise Pascal expressed a characteristically interesting view...
Weekly Digest: 2 December 2019
This week’s edition considers seven judgments; one of the Supreme Court, three of the Court of Appeal, and two of the Divisional Court. In R (on the application of Hemmati...
Magnitsky amendments: can the state recover the ‘innocent’ profits of torture?
Introduction The state now has power to forfeit, in civil recovery proceedings, the proceeds of conduct taking place overseas which “constitutes” or is “connected with” a gross human rights abuse...
Weekly Digest: 25 November 2019
This week’s digest considers five judgments: one from the Court of Appeal (Criminal Division), one from the Court of Appeal (Civil Division), and three from the Divisional Court. In Harris the Court...
Cash forfeiture – punishment without crime?
The financial year 2018/19 saw a record £51 million collected through cash forfeiture under chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (‘POCA’). Those who consider...
Weekly Digest: 18 November 2019
This week’s digest considers four judgments; one of the Supreme Court, two of the Court of Appeal, and one of the Divisional Court. In R v TRA the Supreme Court interpreted the...
Vote for Rawls!
John Rawls (1921–2002) is one of the most influential philosophers of the twentieth century. In his classic work of high liberalism, A Theory of Justice (1971), he devised one of the greatest...
Weekly Digest: 11 November 2019
This week's edition considers five judgments, one from the Court of Appeal (Criminal Division), one from the Court Martial Appeal Court and three from the Divisional Court. In Jones and Miszczak the...