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01 June 2018 / Simon Parsons
Issue: 7795 / Categories: Features , Brexit , Human rights
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The Brexit effect

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​Simon Parsons considers the future of human rights after Brexit

There are three current sources of human rights in the UK, the European Convention on Human Rights (the Convention), the Charter of Fundamental Rights (the Charter) and the common law. How will these three sources be affected by Brexit?

The Convention will be unaffected by Brexit because it is administered by the Council of Europe which is separate from the EU. There is also the European Court of Human Rights which decides whether the Convention has been breached. Before 2 October 2000 decisions of the Strasbourg court were only persuasive in UK domestic courts but the Convention was and remains binding on the UK in international law. If UK law is found in breach of the Convention the government is under an obligation under Article 46 to put things right. But politics can get in the way: consider the dragging of feet by consecutive governments after Hirst v UK (No 2) [2005] ECHR 681 where Strasbourg ruled a blanket ban on British prisoners exercising

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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