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17 July 2015 / Alec Samuels
Issue: 7661 / Categories: Features , Human rights
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Alec Samuels puts the case for the reform of European human rights law

The English legal system served us fairly well before the advent of European human rights. European human rights law has created a vast body of jurisprudence, an extra tier in litigation, and has produced a number of problems and anomalies and even abuses.

National security

Nothing can be more important in national life than public safety and national security. Is it not for the UK Parliament to determine the degree of infringement of personal liberty, eg control orders against suspected terrorists, telephone tapping, retention of criminal records, with the appropriate judicial safeguards?

Deportation

A convicted foreign national was ordered to be deported. Anticipating conviction and deportation he married a UK citizen and pleaded family hardship (Art 8). A criminal conviction often inflicts hardship upon the family, a regrettable consequence.

Sex offender

A foreign national was convicted of sexual offences and ordered to be deported. Because sexual offences were not well regarded in his own state he pleaded threat to life

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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