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24 May 2013
Issue: 7561 / Categories: Case law , Law digest , In Court
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Human rights

R (on the application of Barclay and another) v Secretary of State for Justice and others [2013] EWHC 1183 (Admin), [2013] All ER (D) 123 (May)

It was well established that Art 6 of the European Convention on Human Rights required a judge to be impartial and independent of the executive and legislative powers of the state, as well as the parties to a case. In determining whether there was that requisite degree of independence, regard had to be had to: (i) the manner of appointment; (ii) the duration of the term of the office; (iii) the conditions of the office; (iv) the provisions for removability; and (v) the existence of guarantees against outside pressure. It had to be shown that, on an objective basis, there was the appearance of independence and impartiality.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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