More blue sky thinking

Criminal law practitioners should have diarised a few key dates, including final prosecution guidance for assisted suicide cases, expected in March, and the government's follow up to the Law Commission's recommendation to reform conspiracy law. The Bribery Bill is another large item on the 2010 agenda, as is the implementation of the Coroners and Justice Act 2009 which will bring in new rules on witness anonymity and video evidence '“ among a whole host of others. But there are also a few less obvious but nonetheless potentially major developments.

Crime

The Supreme Court kicked off a major stand-off with the European Court of Human Rights last week when it ruled in Horncastle that it did not consider itself bound by the rulings of the Strasbourg court over the admissibility of hearsay evidence. The case is now likely to go to the ECtHR, with a showdown set for next year.

Other clashes involving human rights law could strike at the heart of the jury system. Two months ago, the ECtHR heard evidence in the case of Taxquet to the effect that putting questions to a jury where the answer could only be a monosyllabic 'yes' or 'no' was a breach of the right to a fair trial under article 6. The court has asked European countries with a jury system, including the UK, to make representations.

On the subject of juries, the first trial to take place without one is due early next year and will be watched particularly eagerly '“ will this work?

Sentencing generally could take a new direction under the stewardship of the new Lord Chief Justice, Sir Igor Judge, who is likely to take a more conservative approach than his predecessor, Lord Phillips '“ now president of the Supreme Court.

Local authority

From crime to the public sector, where lawyers have started wondering how the planned cuts in public expenditure will affect the sector.

Straightforward reduction in headcount is likely to trigger further employment-related litigation and could also have an impact on service delivery. Take, for instance, planning services, where decisions on applications could be seriously delayed or not made at all '“ leading to more challenges by developers.

As the government is cutting more management fat in the health sector, PFI administrators handling day-to-day management will go, possibly resulting in a rise in disputes with private sector partners over contractual obligations, payment, and other matters such as responsibility for repairs.

Care homes could also be affected by the pressure on budgets, with local authorities having to make more detailed assessments as to which individuals are eligible for public care, in turn leading to more judicial challenges.

But both here and in housing, lawyers expect more contract work as local authorities are outsourcing more and more of the service delivery. One minor spanner in the works, both for councils and the service supplier, could be the extent to which they are regarded as a public body having to comply with procurement and human rights rules.