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@zenk73.bsky.social

57 Followers  |  523 Following  |  18 Posts  |  Joined: 23.09.2024  |  1.6958

Latest posts by zenk73.bsky.social on Bluesky


The cab rank rule does not apply to foreign work, e.g. proceeding in Jersey. See rC30.5 of BSB Handbook

07.01.2026 17:36 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Is work in Jersey covered by the cab rank rule? I seem to recall an exception for Foreign Work (as defined)

30.12.2025 13:10 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Any idea what happened next? Did they marry? Did they stay together?

24.12.2025 11:48 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

If she was outside the jurisdiction while writing / publishing, would it even be an offence? It is unusual for a criminal statute to have extra-territorial effect

18.08.2025 12:09 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Is this just a linguistic criticism, or a substantive one? When courts are deciding whether to redact a judgment they [weigh] [compare] Art8 rights with Art10. Do you say that is wrong in principle, or only that a different verb should be used (or that Art8 and Art10 rights are commensurable)?

10.08.2025 19:43 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Is robing required in the Family Division when making a Deprivation of Liberty Safeguards application? Difficult to say that this does not 'concern the liberty of the subject'.

28.07.2025 17:42 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Recorders do; deputy High Court judges (s.9(4)) do not. Perhaps based on a misconception that DHCJs will already hold another judicial post?

16.03.2025 00:03 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Roses are red
Violets are blue
Your claim is struck out if
You lack title to sue

#LegalValentines

14.02.2025 22:22 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Facts would be admissible - such as the directors not turning up (if not more prejudicial than probative). But the High Court's conclusion would be inadmissible.

11.02.2025 17:49 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Coercion will be incredibly difficult to spot, if it is subtle pressure from family members. No law can change that. Plus, this law makes it more difficult by not having a list of statutory consultees (children, other relatives, care home managers) who can warn of red flags

06.02.2025 21:13 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Isn't "why" part of the range of questions anyone will ask in order to check for coercion? Along with, e.g., who have you discussed this with, what other options have you considered, does anyone stand to gain from you dying, etc etc? The approach can surely not be a tick box "Have you been coerced?"

06.02.2025 20:54 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

That is the point I think. Currently, if P is capacitous and wants to die, judge does not have to be (cannot be) invoved. Now, as proposed, judges must be involved. This isn't a dry question of jurisdiction. It requires judges to adopt a fundamentally different mindset in these cases.

02.02.2025 16:39 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

That is where judicial conscience becomes an issue. If a judge does not believe that personal autonomy should extend as far as suicide, which is the current law, requiring a judge to participate in the assisted dying process raises a novel issue of conscience for judges

02.02.2025 16:36 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

But section 4(5) of Mental Capacity Act 2005 excludes from 'best interests' any desire to bring about death, unless I have misread that? So, currently at least, a desire to die cannot feature in assessing a person's 'best interests', and that is the law judges are applying

02.02.2025 16:24 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

There is a big difference between COP etc decisions - where judges are asked to make decisions in the best interests of P - and what is now proposed, where judges approve the lawfulness of something contrary to best interests (death). It is odd that medics can have a conscience but judges cannot.

02.02.2025 09:48 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Has there been discussion of a conscience clause for judges? What would be the position for a judge who, out of conscience, does not want to be involved in an assisted dying?

02.02.2025 00:15 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Preview
Prince Harry and News Group Newspapers: Harry to be paid 'substantial damages' by Sun owner as it apologises for 'serious intrusion' News Group Newspapers admits

See www.bbc.co.uk/news/live/cd..., at 2.38pm

24.01.2025 15:40 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

On (abortive) day 1 of the trial, the BBC report said something along the lines of Counsel telling the judge that the trial should not begin because if the trial began "a substantial sum would become payable". What was that about? Some kind of CFA?

24.01.2025 15:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 3    πŸ“Œ 0

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