For centuries, we’ve been led to believe that power in England flows from the top down—from a monarch or a sovereign Parliament that can make or unmake any law it wishes.
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CPR 40.12 ‘slip rule’ vs CPR PD40E ‘corrections’ explained…, or is it simply about money and job preservation?
Slip Rule – CPR 40.12 (and PD 40B) Scope: Limited to clerical mistakes, slips, or accidental omissions in a judgment or order. Purpose: Ensures the …
Enforcement Agencies Vs Registered Enforcement Agents
In England and Wales, the system of debt enforcement involves both enforcement agencies (also known as enforcement firms) and registered enforcement agents (individuals who were …
THE APPLICATION OF EQUITY – A WORKED EXAMPLE – A KC’s opinion?
AÂ review of the documentation provided, including the detailed background information and the draft legal submissions following analysis focuses on the strengths and weaknesses of …
The Authorised Person’s Duty to Rebut with Higher Precedent: Upholding Stare Decisis and the Rule of Law
1. Introduction The integrity of the common law system, particularly as it operates in England and Wales, is critically dependent upon the principled and accurate …
The Duty to Respond to Opposing Submissions: Legal Arguments vs. Legal Authority
THE ISSUE: The professional duties of regulated persons (solicitors and barristers in England and Wales) regarding both legal arguments and cited legal authorities presented by …
Arrest > Decision to detain > Decision to continue detention (this post – 3 of 3)
To allow prompt investigation creates a duty to do something, and that does not include waiting until the morning as that convenience does not outweigh …
Arrest > Decision to detain (this post – 2 of 3) > Decision to continue detention
Having now had time for things to calm down the next check and balance requires an independent reassessment of the evidence to correct any unlawful …
Arrest (this post – 1 of 3) > Decision to detain > Decision to continue detention
This is a analysis of the ‘threshold’ police powers lawfully required for arrest which often occurs ‘in the heat of the moment’; the first check …
Is a ‘Perfected Council Tax Liability Order’ Required for Enforcement or not?
1. Introduction 1.1 The Legal Question The legal question of whether, under the laws of England and Wales, a council tax liability order, made by …