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17 July 2015
Issue: 7661 / Categories: Legal News , Human rights
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Back to the future: reforming human rights

European human rights law has created “an extra tier of litigation” and produced “problems, anomalies and even abuses”, a barrister has claimed.

Writing in NLJ this week, barrister and former reader at Southampton University Alec Samuels argues the case for reform. He suggests it is for the UK Parliament to determine the degree of infringement of personal liberty required to guarantee public safety in respect of control orders against suspected terrorist subjects, telephone tapping and other matters.

Samuels contends that that “unfair or unreasonable decisions in unmeritorious cases, particularly where criminals and illegal immigrants are concerned” has led members of the public to “become positively hostile, and this is a regrettable attitude to human rights.”

Issue: 7661 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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