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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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