Law Reform Bundle 2011 -: Ironing Out the Creases
Benefits
After completing all training podcasts in this bundle you will:
- Understand the current state of the law regarding unfitness to plead in criminal proceedings
- Be aware of the reform proposals concerning the admissibility of expert evidence in criminal trials and the deficiencies in the current common law approach
- Understand how the law on unfitness to plead might be reformed to bring it into line with current understanding and practice on psychiatry
- Be aware of the developing law regarding the division of matrimonial assets upon divorce
- Appreciate the divergent views on the reform of pre and post marital property agreements
- Be aware of the current regulatory structure of adult social care in the UK
- Consider how the social care system might be reformed in the future
- Understand how domestic and EU consumer remedies for faulty goods and misleading or aggressive practices might be better harmonised
- Know about the reform priorities for the Law Commission in the coming years and have opportunity to respond to consultation
Training Bundle Overview
This unique bundle, produced in association with the Law Commission features a range of topics that may be of interest to both civil and criminal practitioners. Whether it’s reform to the law on expert evidence and unfitness to plead in criminal trials to strengthened consumer rights, the future of pre-nuptial agreements or the regulation of social care; this bundle brings together the insightful and varied experiences of four Law Commissioners to discuss their reform priorities for the future.
- CPD Points:
- This bundle can provide up to 6 points details »
- Price:
- £299 (includes unlimited access until the end of 2012!)
- Suitable for:
- Solicitors
- Barristers
- Local Government Lawyers & Professionals
- Criminal Law Practitioners
- Family Law Practitioners
- Consumer Rights Groups
- Public Law & Human Rights Practitioners
- Practice Area:
- Family Law
- Criminal Law
- Consumer Law
- Governance & Service Provision
- Academic Research
- Social Care
- Contributors:
What is a CPDcast Bundle?
CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.
Contents
Law Reform Bundle 2011 - contains the following CPDcasts:
- with Professor Elizabeth Cooke from The Law Commission
This podcast is aimed at practitioners with an interest in ancillary relief. It aims to explore the context in which the current debate on the future of marital property agreements is being conducted. The Law Commission is currently consulting on reform proposals and it is hoped that this podcast will help to stimulate some response from the profession.
After completing this course you will:
- Be aware of the traditional policy arguments and history that have surrounded the idea of marital contracts;
- Be aware of the important role cases like White v White and Radmacher v Granatino have had in shaping the law;
- Understand where marital property agreements sit in relation to existing principles of ancillary relief;
- Be aware of the systems that operate in different common law and civil law countries;
- Be aware of the issues in seeking to reform the law;
- Understand what proposals may form the basis of reform in the future.
- with Professor David Ormerod from The Law Commission
This two-part mini-series on criminal law reform examines the law governing the admissibility of expert evidence in criminal proceedings. It discusses the current basis for admissibility, the problems associated with it and begin to outline the key reform proposals the Law Commission suggests focussing on reliability.
After completing this course you will:
- Understand what is meant by expert evidence;
- Be aware of the role of experts and expert evidence in criminal trials and the potential dangers associated with the use of expert evidence;
- Be aware of some examples where concern has arisen over the reliability of certain types of expert evidence;
- Understand the current approach taken to the admissibility of expert evidence in criminal trials;
- Be aware of the deficiencies in the current system and how this might be improved to increase the reliability of expert opinions;
- Understand the framework of the proposed reform to the admissibility test;
- Understand how the proposed reliability test will work in practice.
- with Professor David Ormerod from The Law Commission
This two-part mini-series on criminal law reform examines the law governing the admissibility of expert evidence in criminal proceedings. Building on the matters discussed in Part 1, this podcast goes on to look at the scope of the proposed test on reliability and to what extent new or novel points of evidence might be put before the jury. The podcast then goes on to explore the new statutory test for impartiality, which party bears the burden of establishing reliability in proceedings and explores what impact the reforms may have on the wider expert community.
After completing this course you will:
- Understand the circumstances in which the new statutory test might be disapplied in particular cases;
- Understand whether competing expert hypotheses can both be admitted before the jury under the proposed reforms;
- Understand the respective role of judge and jury under the proposed reforms;
- Know how flexible the new regime may be as to admit a minority expert opinion and the extent to which categories of evidence are likely to become closed;
- Understand the new emphasis placed on the impartiality of expert evidence and when and how this might be impugned;
- Understand the burden that will fall on the defence and prosecution under the proposed test and the significance of this;
- Understand the likely impact of the reforms on experts going forward.
- with David Hertzell from The Law Commission
This podcast is aimed at those interested in consumer law or those with an interest in law reform ideas. It addresses what the Law Commission regard to be the gaps in the current disaggregated approach to consumer protection concerning redress for faulty goods and how the EU and UK remedies regimes might be brought together.
After completing this course you will:
- Understand the domestic UK remedies for consumer redress for faulty goods;
- Be aware of the various attempts to introduce harmonisation in consumer rights across the EU including proposals for an optional ‘28th Regime’;
- Understand the extent to which the integration of UK and EU regimes have been successful;
- Understand what reform proposals the Law Commission is currently consulting on;
- Be aware of the difficult tension between find both a fair and certain regime for consumer rights;
- Know the circumstances in which consumer right to reject or seek redress for faulty goods might arise under the proposed regime;
- Understand how consumers are to move between the Tier 1 and Tier 2 remedies under the proposals;
- Know the extent to which the new regime will apply to other contracts for the supply of goods other than a sale;
- Know how any future regime will incorporate the right to seek damages as a remedy for faulty goods.
- with David Hertzell from The Law Commission
This podcast is aimed at those interested in consumer law and law reform issues. It aims to set out where the Law Commission considers there are deficiencies in the UK protection for consumers and how this might be improved.
After completing this course you will:
- Understand the extent of the a private right of redress for breach of the consumer regulations dealing with unfair commercial practices regulations;
- Be aware of what is meant by an aggressive or misleading practice;
- Know the current civil law rules on misleading practices in contracts;
- Be aware of what the Law Commission is proposing by way of reform in order to strengthen consumer rights;
- Have explored the circumstances in which consumer might be able to seek redress under the proposed reforms;
- Have an idea of how the proposed regime is likely to work in practice.
- with Frances Patterson QC from The Law Commission
This podcast is aimed at those interested in adult social care or public law reform generally. It addresses what the Law Commission considers to be the deficiencies in the current social care system and how these might be reformed to better protect and provide for adults in need of social care provision.
After completing this course you will:
- Understand the definition of adult social care;
- Understand the principles upon which reform of this area of law should be based;
- Be aware of what the Commission consider to be the deficiencies in the current social care system – largely arising from its vintage;
- Understand the policy ramifications of reform to this area;
- Know the relevant factors when operating the proposed social care regime;
- Understand the importance of the needs of an individual under the reforms;
- Be aware of the framework for the provision of local services and eligibility criteria;
- Understand how the proposed changes affect carers;
- Know what the Commission proposes regarding the protection of adults under the proposals;
- Understand the proposed changes to the use of compulsory powers of removal and detention to provide for a person’s welfare;
- Understand the interaction of the Commission’s proposals with the Dilnot Commission on funding.
Contributors
Law Reform Bundle 2011 - features the following legal experts:
David Ormerod, Professor (The Law Commission)
Professor David Ormerod was appointed Law Commissioner for Criminal Law and Evidence on the 1st September 2010. Before this he was a practising member of 18 Red Lion Court where he was instructed for the defence and for the Serious Fraud Office and the Revenue and Customs Prosecution Office in serious fraud cases.
He is Professor of Criminal Justice at Queen Mary, University of London and is the author of numerous journal articles and book chapters, and several hundred case commentaries.
Elizabeth Cooke, Professor (The Law Commission)
Professor Elizabeth Cooke was appointed Commissioner with responsibility for Property, Family and Trust Law on 3 July 2008.
Lizzie began her legal career as a trainee solicitor at Withers, and subsequently practised at Barrett and Thomson. She became a lecturer at the University of Reading in 1992, and was awarded a personal chair in 2003.
Her principal research interests have been property law, particularly land registration and the law relating to family property and financial provision following relationship breakdown. In October 2009 she was appointed a Recorder on the South-Eastern Circuit. She is an honorary member of the Association of Contentious Trust and Probate Solicitors, and an honorary academic member of the Chancery Bar Association.
Hertzell, David (The Law Commission)
David Hertzell was appointed as Commissioner in 2007 where he heads the Commercial and Common Law team. He specialises in regulatory, insurance and indemnity matters and has acted for a wide range of clients on a global level in insurance disputes. He is the Chair of the Captive and Risk Financing Focus Group of AIRMIC and is a member of the Law Society, The Chartered Insurance Institute and the Managing Partners Forum. He has written and published a number of articles on commercial insurance law.
Patterson QC, Frances (The Law Commission)
Frances Patterson QC is the Law Commissioner with responsibility for the reform of Public Law.
Before being appointed a Law Commissioner Frances Patterson QC was Head of Kings Chambers in Manchester and Leeds and also Head of the Public Law Department within chambers. In 2008 she was appointed Deputy High Court Judge of the Queen’s Bench Division, authorised to sit in the Administrative Court.
Frances is a leading practitioner in all aspects of town and country planning, environmental law, compulsory purchase and compensation, highways, education, administrative law and community care law.
