23 July 2019
“Volaw Trust” - A strengthening of the privilege against self incrimination from requests for pre-existing documents?
The combined appeals of (1) Volaw Trust and Corporate Services Ltd and others v the Comptroller of Taxes and another and (2) Volaw Trust and Corporate Services Ltd and others v HM Attorney General for Jersey [2019] UKPC 29 provide interesting guidance on the approach to be taken by the courts in examining whether requirements for the production of pre-existing documents may infringe Article 6 of the European Convention on Human Rights (“Article 6”). Prior to this judgment it had been presumed that legal requirements to produce material existing independently of the will of the accused would not engage Article 6. The Board’s judgment suggests a more nuanced approach is required.
5 July 2019
London Climate Action Week: Cutting through the London smog - the big question still to be answered about the death of Ella-Kissi Debrah
At the end of the inquest in 2014 into the death of Ella Kissi-Debrah, the coroner concluded that this nine year old girl suffered an asthma attack, followed by a seizure, and died after unsuccessful resuscitation. This is one possible answer to the question of how Ella died. However, there is clearly a bigger question which needs to be answered.
1 July 2019
London Climate Action Week: Saving Londoners from nitrogen dioxide, one judicial review at a time
According to the most recent data, two million people in London are living with illegal levels of air pollution. Nitrogen dioxide is one of the main pollutants and road transport is estimated to be responsible for 50% of total emissions.
30 May 2019
The grey area between Article 2 and ordinary medical negligence? The High Court considers Parkinson and the deaths of vulnerable people in care homes
As we discussed in our recent blog, some inquests will automatically be designated ‘Article 2 inquests’ if the deceased died whilst under the control of the state. Other inquests will only become Article 2 inquests if there is evidence of systemic failures of processes and systems to protect life. Therefore a case of ordinary medical negligence would not trigger Article 2, as confirmed in Parkinson [2018] 4 W.L.R 106.
30 May 2019
‘World-leading’ Modern Slavery Act 2015: review confirms more to be done
The Independent Review of the Modern Slavery Act 2015 commenced in July 2018 with a remit to consider specific provisions of the Act: the role of the Independent Anti-Slavery Commissioner; transparency in supply chains; Independent Child Trafficking Advocates; and the legal application of the act. The final report was published in May 2019. This follows a series of interim reports on the four themes.
