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29 July 2011 / Stephen Hockman KC
Issue: 7476 / Categories: Opinion , Media
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Clash of the Titans (2)

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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