February 2012  
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  In This Issue  
 
What We Have Been Doing Recently . . .
 
Article - Question Marks Over the Approval of Breast Implants 
 
Article - The Changing Face of School Admissions 
 
Article - What Rights? Enforced Where? Some Answers from the Attorney General 
 
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Issue
15
 
Core practice areas
Allocations & Homelessness
Benefits & Social Welfare 
Care & Adoption 
Central & Local Government 
Community Care 
Court of Protection & Mental Capacity 
Discrimination 
Education 
EU Law 
Healthcare Law 
Human Rights & Civil Liberties
Inquiries & Inquests 
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Social Housing 
 
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+44 (0)20 7242 2523
 
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enquiries@hardwicke.co.uk
 
Practice Director
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Senior Practice Manager
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Practice Manager
Elizabeth Bousher
 
Assistant Practice Manager
Francesca Gabbitas
 
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Public Law Newsletter
 
 
The three articles in this edition of the Hardwicke Public Law Newsletter look variously at implants, codes and answers. David Lawson and Leon Glenister explain the regulation of breast implants and the way in which medical devices from hip replacements to teeth fillings are approved for human use. Alex Campbell comments on the new School Admissions Code, and David Lawson considers some solutions from the Attorney General to the controversies of the Human Rights Act. 
What We Have Been Doing Recently . . .
 
  • Kerry Bretherton has been appointed to the Attorney General's 'A' Panel of counsel. Kerry's appointment will commence from 1st of March 2012 for five years.
  • Hardwicke has been appointed as an approved panel chambers for the London Boroughs Legal Alliance, and LB Southwark & Lambeth consortiums.
  • Clive Rawlings has been advising on a potential proposal to introduce grammar schools into a borough.
  • David Lawson has recently been granted permission to bring a substantive judicial review in a s. 20 'looked after' child case involving three local authorities.
  • Dean Underwood successfully represented a social landlord in its efforts to have an appeal and applications made by its tenants dismissed by the High Court with costs.
  • Shazia Akhtar has been instructed in a matter regarding a university's alleged breach of education regulations in charging fees to overseas students.
  • David Lawson and Alexander Campbell are jointly advising a newly formed secondary academy regarding its admissions policy.
  • Arthur Moore and Dean Underwood represented Oxford City Council in the Court of Appeal and now await judgment about the meaning of the term ‘sheltered accommodation’ in the Housing Benefit Regulations 2006.
  • Alex Campbell is advising a new free school on its admissions arrangements.
  • Laura Tweedy has been advising on whether a tenancy granted by a local authority falls within the secure regime despite the authority not intended to grant such security.
  • Andrew Lane will be appearing in the Court of Appeal at the end of February in a two-day hearing on the practical application of Pinnock in the County Court.
  • Fiona Scolding will be speaking on Practice & Procedure at the Lexis Nexis Court of Protection Conference on 23rd February 2012.
  • We are hosting a series of Social Housing seminars this year - for more information download our Spring/Summer Social Housing Seminar Programme. For more information on our seminars in general, please visit our Events page.
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Question Marks Over the Approval of Breast Implants
 
By David Lawson and Leon Glennister 
 
The risks of untested and under-tested medicines are well known. The Thalidomide scandal saw 10,000 children born with disabilities, probably because the drug was not tested on pregnant women or animals. It was one of the early spurs to the reform of drugs regulation. More recently - in 2006 - six volunteers suffered organ failure when the first human clinical trials of TGN1412 showed that it caused a reaction in humans at much lower doses than in animals. This is an issue where the risk is not all one way - the early treatment of HIV saw a campaign by people infected with HIV who wished to hurry promising drugs through the approval process to general availability (where they have proved very successful).
Read more . . .
 

The Changing Face of School Admissions
 
By Alexander Campbell
 
Introduction

You shouldn’t have to hire a lawyer to navigate the school system.”

With those words in May last year the Secretary of State for Education, the Rt Hon. Michael Gove MP, launched a consultation on a draft new School Admissions Code and a new School Admissions Appeal Code. Read more . . .
 

What Rights? Enforced Where?
Some Answers from the Attorney General
 
By David Lawson 
 
Two easy answers are offered by those who object to a rights based approach to legal decision making – repeal the Human Rights Act and remove the right of individual petition to the European Court of Human Rights. Neither of those things will happen. Therefore much effort is being expended on finding more complicated ways to satisfy their concerns. Read more . . .
 

This edition of the Public Law Newsletter was edited by Amelia Walker