Social Care and Neurodisability, 3(1), 2012, pp.37-39.
Publisher:
Emerald
This article discusses the subject of covert surveillance in personal litigation. The author believes that there has been an increased use of surveillance evidence in litigation cases involving head injury. The aim of the surveillance is to attempt to provide evidence to discredit the injured person. This paper aims to raise awareness of the possible ramifications of surveillance and the need for vigilance by families and social care staff. Using case material, the article describes how surveillance can have a detrimental effect upon emotional state and psychological wellbeing of the person with traumatic brain injury, adversely affect their rehabilitation, and potentially produce misleading information. Advice is provided to the claimant and to their carers as to how to react if covert surveillance is suspected.
This article discusses the subject of covert surveillance in personal litigation. The author believes that there has been an increased use of surveillance evidence in litigation cases involving head injury. The aim of the surveillance is to attempt to provide evidence to discredit the injured person. This paper aims to raise awareness of the possible ramifications of surveillance and the need for vigilance by families and social care staff. Using case material, the article describes how surveillance can have a detrimental effect upon emotional state and psychological wellbeing of the person with traumatic brain injury, adversely affect their rehabilitation, and potentially produce misleading information. Advice is provided to the claimant and to their carers as to how to react if covert surveillance is suspected.
Social Care and Neurodisability, 3(1), 2012, pp.40-43.
Publisher:
Emerald
This paper aims to consider the advantages of using the Rehabilitation Code within personal injury litigation. Under the terms of the Rehabilitation Code, insurers and solicitors are encouraged to consider early rehabilitation so that an injured party can make the quickest possible recovery medically, psychologically, vocationally and socially. In theory, rehabilitation should be quickly accessible to all those with a potential personal injury claim and should run alongside the litigation proceedings. This paper is designed to go through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code. It highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party, and actively encourages all parties involved in the litigation process to act in a collaborative manner and to fully engage with the Rehabilitation Code.
This paper aims to consider the advantages of using the Rehabilitation Code within personal injury litigation. Under the terms of the Rehabilitation Code, insurers and solicitors are encouraged to consider early rehabilitation so that an injured party can make the quickest possible recovery medically, psychologically, vocationally and socially. In theory, rehabilitation should be quickly accessible to all those with a potential personal injury claim and should run alongside the litigation proceedings. This paper is designed to go through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code. It highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party, and actively encourages all parties involved in the litigation process to act in a collaborative manner and to fully engage with the Rehabilitation Code.
...responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.
This book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.
This briefing looks at legislative provisions which seek to restrict the circumstances in which evidence can be led regarding the sexual history and character of complainers in sexual offence trials.
This briefing looks at legislative provisions which seek to restrict the circumstances in which evidence can be led regarding the sexual history and character of complainers in sexual offence trials.
Subject terms:
law, legal proceedings, sexual offences, evidence;
This briefing provides information on the legal definition of rape (the current definition, how it has changed as a result of recent court decisions and proposals for legislative reforms), the investigation and prosecution of rape (including steps being taken by the police and Crown Office and Procurator Fiscal Service to improve practice in this area), and statistics relating to rape (including consideration of factors which may influence those statistics).
This briefing provides information on the legal definition of rape (the current definition, how it has changed as a result of recent court decisions and proposals for legislative reforms), the investigation and prosecution of rape (including steps being taken by the police and Crown Office and Procurator Fiscal Service to improve practice in this area), and statistics relating to rape (including consideration of factors which may influence those statistics).
Journal of Forensic Psychiatry and Psychology (The), 17(2), June 2006, pp.230-252.
Publisher:
Taylor and Francis
The insanity defence has long been the focus of controversy and academic study. It impinges on a number of subjects and areas of expertise including psychiatry, law, ethics, and morality. The origins of the defence go back centuries both in statute law and case law. The crystallization of the defence occurred in the seminal M'Naghten's case (1843). From there the eponymous M'Naghten rules were...
The insanity defence has long been the focus of controversy and academic study. It impinges on a number of subjects and areas of expertise including psychiatry, law, ethics, and morality. The origins of the defence go back centuries both in statute law and case law. The crystallization of the defence occurred in the seminal M'Naghten's case (1843). From there the eponymous M'Naghten rules were exported and modified in various jurisdictions around the world. However, the focus of this short paper is on the history and meaning of the defence as it currently applies in English and Welsh law. An account of legal theory forming the foundation to the defence is provided. Historical case law pre-M'Naghten and post- M'Naghten is explained with particular emphasis on the meanings attached to the four elements making up the defence. The bulk of the material relates to the statutory insanity defence available for trials on indictment at the Crown court. However, there is also a pre-existing and ancient common law insanity defence available for cases in summary trial at the magistrates court. This latter defence is briefly reviewed towards the end of the paper.
The Care Standards Tribunal is the name given to the Tribunal established under the Protection of Children Act 1999. It handles appeals provided for under the legislation.
The Care Standards Tribunal is the name given to the Tribunal established under the Protection of Children Act 1999. It handles appeals provided for under the legislation.
Subject terms:
law, legal proceedings, child protection, Family Courts;
Insertions include: whether to make an enforcement order the welfare of the child concerned is to be the court's paramount consideration; whether to make an enforcement order the court shall wherever possible make efforts to ascertain the views of the child concerned.
Insertions include: whether to make an enforcement order the welfare of the child concerned is to be the court's paramount consideration; whether to make an enforcement order the court shall wherever possible make efforts to ascertain the views of the child concerned.
It will encourage wide discussion, consult with Government departments, advise on reform of law and procedure and consider research priorities. Its initial focus will be the development of local family justice committees across the country. These, like their predecessors, family forums, will be able to identify issues and solutions and implement best practice locally...
The Family Justice Council was established in July 2004 to improve the way cases are handled in the family justice system. It is intended to facilitate better and quicker outcomes for families and children who use the system by promoting improved interdisciplinary working, identifying and disseminating best practice, and providing guidance direction to achieve consistency within the system. It will encourage wide discussion, consult with Government departments, advise on reform of law and procedure and consider research priorities. Its initial focus will be the development of local family justice committees across the country. These, like their predecessors, family forums, will be able to identify issues and solutions and implement best practice locally.