This paper considers how to use the protective and investigative obligations under Articles 2 and 3 in private law claims to secure accountability where public authorities fail to protect people in their care , fail to investigate and protect people against risks posed by other private individuals , or fail to investigate violations of the state’s duty to protect people from death and serious harm.
This is the powerpoint accompanying a presentation by Nikolaus Grubeck on extra-territorial accountability. The presentation covered the scope of extra-territorial accountability; issues and degrees of involvement; causes of action; jurisdiction; applicable law; defences and a discussion of practicalities.
Paying for a claimant’s own costs; minimising liability for an opponent’s costs; maximising recovery of a claimant’s costs in the event of success.
This paper covers some of the key issues that arise in private law immigration detention claims , as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along , either arising out of the areas covered below , or relating to other issues that come up in immigration detention civil claims.
Recent developments in protest law and remedies. This is a practical guide to the potential civil actions available as well as current and new threats to the right to protest.
This document addresses civil remedies to enforce UK environmental law with emphasis on private law claims (public and private nuisance , Rylands v Fletcher liability and negligence) and damages under the Human Rights Act 1998. It also covers the impact of the Aarhus Convention on procedural issues relevant to private law environmental claims , including costs protection and access to environmental information.
A review of recent case law , including the impact of the Supreme Court’s decision in Michael v Chief Constable of South Wales Police.
This research paper considers the extent to which the Ministry of Justice review of the Mandatory Civil Legal Advice Telephone Gateway engages with the key legislative and policy intentions behind it , as well as the extent to which the Gateway , as implemented , meets those intentions.
This is a short briefing paper by the Public Law Project (PLP) in relation Part 4 of the Criminal Justice and Courts Bill 2014.
Dinah Rose QC’s keynote address to the PLP annual London conference 2014 , introduced by Jonathan Swift QC.
Legal aid has been removed from large areas of litigation and many vulnerable people are affected. Exceptional funding provides the only safety net. This paper explains how to challenge a refusal of exceptional funding by the LAA , and get funding for that challenge.
The European Charter on Fundamental Rights is increasingly being relied on in judicial review. However there is some confusion about what it is and when it can be relied upon. This talk / paper will attempt to clarify some of the key issues.