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Clash of the Titans (2)

29 July 2011 / Stephen Hockman KC
Issue: 7476 / Categories: Opinion , Media
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Stephen Hockman QC returns to the controversy of privacy, parliament & the courts

In my previous article I pointed out that by its approach to issues of privacy, the media was attempting to gain “significant new ground within our political system”. I had in mind the long campaign of criticism in some parts of the media of judicial decision-making in the field of privacy. A characteristic of this criticism was to allege that judicial decisions on privacy represented “judge-made law” and had no democratic legitimacy. This approach by the media over-looked the fact that Art 8 of the Human Rights Convention, which has been part of our law since the coming into force of the Human Rights Act in the year 2000, guarantees a right to family life save to the extent that this right must necessarily be overridden in a democratic society. However the main theme of my article was the weakness of the political reaction to this tension between the media and the courts: “What is lacking at present, in

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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