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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
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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