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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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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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