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20 February 2015 / Sir Geoffrey Bindman KC
Issue: 7641 / Categories: Opinion
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Battle of the giants

Geoffrey Bindman QC analyses a judicial confrontation

When two senior judges cross swords over a fundamental constitutional question we sit up and take notice. The judges are Dean Spielmann, president of the European Court of Human Rights (ECtHR), and Lord Judge, recently retired Lord Chief Justice of England and Wales. The question is whether decisions and opinions of the Strasbourg Court override or “trump” the authority of the UK Parliament. It is particularly significant because the prime minister has declared that if his party is elected to government in May it will seek to repeal the Human Rights Act 1998 (HRA 1998) and remove any binding effect on the UK of rulings of the Court of Human Rights. The promise is to “end the ability of the European Court to change British laws”. In its press release announcing this policy, the Conservative party quotes Lord Judge, implying his support for its proposals.

Criticisms

Judge Spielmann in “A View from Strasbourg” (Counsel, April 2014), defends his court against these criticisms. In particular

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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