Abid Mahmood Court of Protection
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Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple the Incorporated Council of Law Reporting for England and Wales
The Honourable Society of the Middle Temple Middle Society Honourable the The of 2019 Issue 59 Michaelmas 2019 Issue 59 Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple The Incorporated Council of Law Reporting for England and Wales Practice Note (Relevance of Law Reporting) [2019] ICLR 1 Catchwords — Indexing of case law — Structured taxonomy of subject matter — Identification of legal issues raised in particular cases — Legal and factual context — “Words and phrases” con- strued — Relevant legislation — European and International instruments The common law, whose origins were said to date from the reign of King Henry II, was based on the notion of a single set of laws consistently applied across the whole of England and Wales. A key element in its consistency was the principle of stare decisis, according to which decisions of the senior courts created binding precedents to be followed by courts of equal or lower status in later cases. In order to follow a precedent, the courts first needed to be aware of its existence, which in turn meant that it had to be recorded and published in some way. Reporting of cases began in the form of the Year Books, which in the 16th century gave way to the publication of cases by individual reporters, known collectively as the Nominate Reports. However, by the middle of the 19th century, the variety of reports and the variability of their quality were such as to provoke increasing criticism from senior practitioners and the judiciary. The solution proposed was the establishment of a body, backed by the Inns of Court and the Law Society, which would be responsible for the publication of accurate coverage of the decisions of senior courts in England and Wales. -
2017 Magdalen College Record
Magdalen College Record Magdalen College Record 2017 2017 Conference Facilities at Magdalen¢ We are delighted that many members come back to Magdalen for their wedding (exclusive to members), celebration dinner or to hold a conference. We play host to associations and organizations as well as commercial conferences, whilst also accommodating summer schools. The Grove Auditorium seats 160 and has full (HD) projection fa- cilities, and events are supported by our audio-visual technician. We also cater for a similar number in Hall for meals and special banquets. The New Room is available throughout the year for private dining for The cover photograph a minimum of 20, and maximum of 44. was taken by Marcin Sliwa Catherine Hughes or Penny Johnson would be pleased to discuss your requirements, available dates and charges. Please contact the Conference and Accommodation Office at [email protected] Further information is also available at www.magd.ox.ac.uk/conferences For general enquiries on Alumni Events, please contact the Devel- opment Office at [email protected] Magdalen College Record 2017 he Magdalen College Record is published annually, and is circu- Tlated to all members of the College, past and present. If your contact details have changed, please let us know either by writ- ing to the Development Office, Magdalen College, Oxford, OX1 4AU, or by emailing [email protected] General correspondence concerning the Record should be sent to the Editor, Magdalen College Record, Magdalen College, Ox- ford, OX1 4AU, or, preferably, by email to [email protected]. -
A Basic Guide to the Court of Protection
A basic guide to the Court of Protection Contents Who is this guide for? ................................................................................................................ 2 Who wrote this guide? .............................................................................................................. 2 What is the Court of Protection? .............................................................................................. 3 What can the Court of Protection do? ..................................................................................... 3 What is the law that applies to the Court of Protection? ....................................................... 4 Do all decisions for people who lack capacity have to be made by the Court? .................... 5 What does the Court have to do with deprivation of liberty? ................................................ 6 How does the Court decide what to do? ................................................................................. 7 How will my case be dealt with? .............................................................................................. 8 How will P take part? ................................................................................................................ 9 Who is the Official Solicitor? ................................................................................................... 10 Do I need to be a party? ........................................................................................................... 11 -
4 PAPER BUILDINGS Court of Protection Seminar
4 PAPER BUILDINGS Court of Protection Seminar 5th May 2011 CHAIR Robin Barda TOPICS & SPEAKERS : Court of Protection - Welfare Sally Bradley The Property and Affairs of Mentally Incapacitated Adults: Cases of Interest Following The Coming Into Force of the Mental Capacity Act 2005 James Copley A Mediation process for Court of Protection Matters Angela Lake-Carroll The Chambers of Jonathan Cohen QC INDEX 1. 4 Paper Buildings: Who we are 2. Court of Protection - Welfare Sally Bradley 3. The Property and Affairs of Mentally Incapacitated Adults: -Cases of Interest Following The Coming Into Force of the Mental Capacity Act 2005 James Copley 4. A Mediation process for Court of Protection Matters Angela Lake-Carroll 5. Court of Protection Handout & Crib Sheet (notes only) Henry Clayton 6. Profiles of the speakers 7. Members of Chambers Section 1 4 Paper Buildings: Who we are The Chambers of Jonathan Cohen QC 4 Paper Buildings “This dedicated family set has expanded rapidly in recent years and now has a large number of the leading players in the field.” Chambers UK 2010 At 4 Paper Buildings, Head of Chambers Jonathan Cohen QC has 'developed a really strong team across the board'. 'There is now a large number of specialist family lawyers who provide a real in-depth service on all family matters.' The 'excellent' 4 Paper Buildings 'clerks are very helpful' and endeavor to solve problems, offering quality alternatives if the chosen counsel is not available.' Legal 500 2010 “4 Paper Buildings covers a broad spectrum of civil and family matters. On the family front its best known for its children- related work, although its reputation does extend to matrimonial finance work as well”. -
The Bar Association Act, 5721-1961 Full Updated Version
The Bar Association Act, 5721-1961 Full updated version The Bar Association Act, 5721-1961 Private Law & Economics – Regulation of Occupation – Lawyers Authorities & Administrative Law – Regulation of Occupation – Lawyers Table of Contents Clause 1 Establishing the Bar Clause 2 Functions of the Bar Clause 3 Activities of the Bar Clause 4 The Bar – a corporation Clause 4a Place of domicile of the Bar Clause 5 The Bar – an audited entity First Chapter: The Bar's Institutions Clause 6 The Bar's Institutions Clause 6a Restriction on term Clause 8 Head of the Bar Clause 8a Deputy Head of the Bar Clause 8b Election of Head of the Bar by the Council Clause 8c Removing the Head of the Bar from office Clause 9 The National Council Clause 9a Filling a vacant place on the National Council Clause 9b Ending of term of office due to absence from Council meetings Clause 10 Term of office Clause 11 The central committee Clause 11a A Central Committee member whose place becomes vacant Clause 11b Managing Central Committee meetings and determining the agenda Clause 12 Districts of the Bar Association Second Chapter: The Bar Institutions Clause 12a Registration of Bar members in the Districts Clause 13 Composition of the District Committee Clause 14 National Disciplinary Court Clause 15 District disciplinary courts Clause 16 Fitness to serve as a member of a disciplinary court Clause 17 Termination of office of members of disciplinary courts Clause 17a Expiry of Disciplinary Court member's term Clause 17a1 Suspension of member of a disciplinary court Clause -
Cardiff & District Annual Dinner
THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES LEGAL NEWS Cardiff & District Annual Dinner Booking form on page 10 DECEMBER 2008 Editorial Board Richard Fisher - Editor Michael Walters - Secretary Gaynor Davies CONTENTS David Dixon Philip Griffith 3 CARDIFF & DISTRICT Simon Mumford President’s Letter Editorial copy to . Richard Fisher Charles Crooke 4 FEATURE 51 The Parade Are Some Firms Now Uninsurable? Cardiff CF24 3AB Tel: 029 2049 1271 . Fax: 029 2047 1211 DX 33025 Cardiff 1 5 FEATURE E-mail [email protected] The Coroner’s Tale - Lord Justice Scott Baker on the Diana Inquest . Designed and Produced by PW Media & Publishing Ltd 6 PRESIDENT’S REPORT Tel: 01905 723011 Simon Mumford - December 2008 Managing Editor . Dawn Pardoe Graphic Design 8 UPDATES Paul Blyth Election Fever and Three Courts Walk . Advertising Sales Alison Jones 10 ANNUAL DINNER Email: [email protected] Booking Form Printed By . Stephens & George 11 FREE MEMBERSHIP The articles published in Legal News South West Confederation of Law Societies represent the views of the contributor and are not necessarily the official . views of the Confederation of South Wales Law Societies, Cardiff & District 12 REGULATION Law Society, or of the Editorial Board. Open Day at SRA The magazine or members of the . Editorial Board are in no way liable for such opinions. Whilst every care has 13 MEMBERSHIP MATTERS been taken to ensure that the contents of this issue are accurate, we cannot be It’s Time to Renew Your Membership held responsible for any inaccuracies or . late changes. No article, advertisement or graphic, in whole or in print, may be 14 REGULATION reproduced without written permission Practice Standards Unit - Friend, Foe or Phony? of the publishers. -
Supreme Judicial Court Rule 3:12: Code of Professional Responsibility for Clerks of the Courts CANON 1
Supreme Judicial Court Rule 3:12: Code of Professional Responsibility for Clerks of the Courts CANON 1. Purpose and Applicability. This Code shall be known as the "Code of Professional Responsibility for Clerks of the Courts of the Commonwealth of Massachusetts." Its purpose is to define norms of conduct and practice appropriate to persons serving in the positions covered by the Code and thereby to contribute to the preservation of public confidence in the integrity, impartiality, and independence of the courts. The word "Clerk Magistrate" in this Code, unless otherwise expressly provided, shall mean anyone serving in the position of Clerk Magistrate, Clerk, Register, Recorder, Assistant Clerk Magistrate, Assistant Clerk, Assistant Register, or Deputy Recorder, Judicial Case Manager or Assistant Judicial Case Manager, in the Supreme Judicial Court, the Appeals Court, or a Department of the Trial Court of the Commonwealth, whether elected or appointed, and whether serving in a permanent or temporary capacity. The words "elected Clerk Magistrate" shall also include a person who is appointed to complete the term of an elected Clerk Magistrate. The word "court" in this Code shall mean the Supreme Judicial Court, the Appeals Court, a particular division of a Department of the Trial Court, or a particular Department of the Trial Court if the Department does not have divisions. CANON 2. Compliance with Statutes and Rules of Court. A Clerk Magistrate shall comply with the laws of the Commonwealth, rules of court, and lawful directives of the several judicial authorities of the Commonwealth. The words "judicial authorities" in this Code, unless otherwise expressly provided, shall mean the Justices of the Supreme Judicial Court and Appeals Court, the Chief Administrative Justice of the Trial Court, the Administrative Justices of the several Departments of the Trial Court, or Associate Justices of the Trial Court, as is appropriate under the circumstances. -
Bar Council News Update ‒ Monday 23 October 2017
BAR COUNCIL NEWS UPDATE – MONDAY 23 OCTOBER 2017 Online justice Buzzfeed – Emily Dugan writes on Transform Justice’s report on the use of virtual technology in court, published today: [R]esearch by the charity Transform Justice, based on interviews and a survey of people across the legal world, has suggested the use of video seriously impacts on the chance of a fair hearing. The situation is particularly difficult for the rising number of defendants who cannot afford a lawyer to be in the courtroom for them. Chair of the Bar, Andrew Langdon QC, said: “Government plans to invest in virtual technology for court hearings hold the promise of savings and greater efficiency but we must recognise that they also pose a real threat to the quality of justice. “Barristers who appear regularly in courts or tribunals will tell you that many strictly procedural hearings could take place via conference calls or video link without any detriment to the quality of justice. But they will also tell you that the quality of justice can suffer and that outcomes can be different when we lose face-to-face contact between judges, witnesses, victims, clients and their lawyers. This is especially so when dealing with people who have mental health problems, intellectual disabilities or who are otherwise vulnerable.” Legal Aid New Law Journal – Sir Geoffrey Bindman QC writes on the Bach Commission report, ‘The Right to Justice’. He writes: The final report of the Bach Commission is an admirable blueprint for the restoration of our justice system. Lord Bach has stressed that the commission was made up of people selected for their expertise rather than any affiliation with the Labour Party . -
Municipal Court Recorder July 2003 from the GENERAL COUNSEL W
Volume 12 JULY 2003 No. 5 ©2003 Texas Municipal Courts Education Center, Austin. Funded by a grant from the Court of Criminal Appeals. Magistrate’s Order After the MOEP: What for Emergency Happens Next? Protection By Robert J. Gradel, Municipal Judge, Lampasas By Kimberly A.F. Piechowiak, Assistant City Attorney II You head down to the jail on Sunday morning about 8:00 Family Violence Prosecutor, San Antonio a.m. Eleven people have been arrested overnight, and your Sunday School class begins at 9:00 a.m., so you have no In cases of domestic violence, victim safety should be a time to waste. Waiting for you is a woman (and her primary concern. State law has been crafted to emphasize mother) who wants an emergency protective order. She this priority, not only for law enforcement personnel and tells you that her husband has an alcohol abuse problem. prosecutors, but also for judicial officers. Article 5.01(b) of Last night, he clenched his fists like he was going to hit her, the Texas Code of Criminal Procedure states: called her bad names, threatened her, pushed her, and In any law enforcement, prosecutorial, or judicial threw the remote at her, all in front of the children. She response to allegations of family violence, the has no visible red marks, bruises, or abrasions. He has responding law enforcement or judicial officers shall done this before, but she never called the police. They have protect the victim, without regard to the relationship been married 10 years and have three children. The police between the alleged offender and victim. -
Forms of Dress and Address in the Higher Courts and Some Practical Tips
Forms of dress and address in the Higher Courts and some practical tips Court dress Court dress in the criminal courts is easily identifiable as there is specific guidance from the Lord Chief Justice in the form of the Criminal Procedure Directions General Application A: COURT DRESS. However that guidance is limited, to appearing without robes or wigs in the magistrates, and in the crown court wearing gowns and wigs. Wigs are wigs, and for junior advocates only come in one type, no matter which side of the advocate divide you fall on. The gown is always a Solicitors' gown. These basics should also be accompanied by a collar and bands (or collarette for female advocates) which are the same for both sexes and both professions. In the civil courts, there is even less guidance, the last formal guidance having been withdrawn. Discussions abound and as always guidance is said to be due to be released shortly. What dress is expected often varies dependent upon the judge, and you will learn from experience and advice from court clerks. In the Senior Courts (Higher Courts), the dress for civil cases is normally robed, however, there are many variations to this. For instance, urgent Queen's Bench Division (QBD) cases are normally argued un-robed, unless they are committal cases in which instance they are often robed. Many of the specialist courts also see advocates normally appearing unrobed. Unisex dress advice Suits must be black, navy blue or dark charcoal grey and same for shoes. Bands and collarettes should be starched. Hair should not poke out below the sides of your wig. -
Court of Handbook Protection
Court of Court of Court of Court of Protection Protection Protection Protection Court of Court of Court of Court of Protection Protection Protection Protection SUPPLEMENT TO THE SECOND EDITION Court of Court of Protection Protection Handbook Handbook a user’s guide Alex Ruck Keene, Kate Edwards, Professor Anselm Eldergill and Sophy Miles Cover design by Tom Keates the access to the access to justice charity justice charity courtofprotectionhandbook.com Court of Protection Handbook is supported by courtofprotectionhandbook.com On the site, you will find: • links to relevant statutory materials and other guidance that space precluded us from including in the appendices; • precedent orders covering the most common situations that arise before the court; • useful (free) web resources; and • updates on practice and procedure before the Court of Protection. These updates take the form of posts on the site’s blog, and also (where relevant) updates cross-referenced to the relevant paragraphs in the book. ThisRegist supplementer to receive toemail Courtup ofdat Protectiones at www Handbook.courtofprot includesectionhandb theoo Courtk.com of Protection Rules 2017 and commentary from the authors highlighting Follow us on Twitter @COPhandbook developments since the second edition. Readers also have access to courtofprotectionhandbook.com which provides regular updates on practice and procedure before the Court of Protection cross-referenced to the relevant parts of the book, together with links to all the relevant statutory materials and guidance. A revised second edition of Court of Protection Handbook which incorporates this supplementary material and the new rules in a single volume of the work is available: Pb 978 1 912273 10 2 / December 2017 / £65 Order at lag.org.uk Phone 01235 465577 Email [email protected] Available as an ebook at www.lag.org.uk/ebooks The purpose of Legal Action Group is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. -
Recorder Competition – 2015 Selection Exercise
RECORDER COMPETITION – 2015 SELECTION EXERCISE THE OUTCOME: THE PROFESSIONAL BACKGROUND OF THOSE WHO WERE APPOINTED ______________________ This information supplements the information already provided to the Judicial Appointments Commission in the ChBA’s “Feedback Report” dated 25 September 2015 in relation to the qualifying test which took place on 7 May 2015 and the ChBA’s “Supplementary Feedback Report” dated 25 November 2015 in relation to the second stage of shortlisting. The outcome of the 2015 Recorder selection exercise was that: 1. Only 11 (17%) of the 64 recorders appointed to sit in crime have non-criminal practices, whereas 53 (83%) have criminal practices. However, of those 11 who now have non-criminal practices, 3 have had significant criminal practices in the past, and a further three have had some experience of criminal practice. It appears that only 5 (8%) of the 64 recorders appointed to sit in crime do not have any experience of criminal practice. 2. Only 2 (5%) of the 35 recorders appointed to sit in family have non-family practices, whereas 33 have practices in family law. This information is derived from the published list of recorders at https://www.judiciary.gov.uk/announcements/recorder-appointments/. The analysis, which is appendixed hereto, was carried out by one of the officers of the ChBA by reference to individual profiles available on a chambers or firm website and the Bar Directory (2015). The outcome of the 2015 Recorder Competition for civil practitioners wishing to sit in crime or family is therefore broadly similar to the 2011 Recorder Competition (when the qualifying test was based on the actual jurisdiction of criminal or family law).