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Secret Courts: Where did they come from?

Since section 6 of the Justice and Security Act 2013 came into force, the application of closed material procedures in otherwise routine civil cases is becoming steadily institutionalized (see within the last few months McGartland v Secretary of State for the Home Department [2015] EWCA Civ 686 (personal injury claim), R(Sarkandi & ors) v Secretary of State for Foreign and Commonwealth Affairs [2015] EWCA Civ 687 (sanctions against Iranian shipping); Kiani v Secretary of State for the Home Department [2015] EWCA 778 (Employment Tribunal). This article is an analysis of how the law got to be how it is. To begin with, a word on terminology. “Secret Courts” is used as a convenient shorthand for

The Merger of Charities

​ Legacies to merged or defunct charities ** The author considers section 311 of the Charities Act 2011 (formerly s. 75F of the Charities Act 1993) and two standard will precedents in the light of the recent cases: Re Longman (deceased); Berry & Archer v IBS-STL (UK) et al [2012] EWHC 666 (Ch); and Phillips v RSPB et al [2012] EWHC 618 (Ch) The merger of charities is currently the subject of some interest. The public apparently consider that there are too many charities[1]. There is some academic support for an increase in charity mergers to save costs, improve effectiveness and reduce competition for funds[2]. The Charities Act 2006 included several technical changes to facilitate merger

Sentencing for Environmental Offenders - Corporate Fines Set to Vault Upwards

Corporate sentencing for environmental offences, following the implementation of the Sentencing Council’s new Guidelines, is no longer a predictable expense to be routinely included in the annual budget. The Guidelines, implemented recently in the Court of Appeal, contemplate a calculation of a fine which is designed to ‘bring home the appropriate message to the directors and shareholders’. ‘Gardez L’eau!’ was a familiar cry in the back streets of Edinburgh, back in the 17th Century, as the contents of a chamber pot came flying out of the window, drenching unsuspecting passersby with untreated sewage. Admittedly, this was before the water closet became widely available, two hundred years la

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