header-logo header-logo

11 January 2013 / Sir Geoffrey Bindman KC
Issue: 7543 / Categories: Opinion , Human rights
printer mail-detail

Deadlock & a fudge

A new Bill of Rights is not needed, says Geoffrey Bindman QC

The Commission on a Bill of Rights has just produced its final report which reflects the confused aims and political manoeuvres which motivated its creation. Though it contains some interesting analysis and could be useful should a Bill of Rights be seriously contemplated, that prospect is not advanced by the report, which reaches no clear conclusion. Though a majority of the members say they favour a British Bill of Rights, they do not find any serious flaw in the protection of human rights already provided by the Human Rights Act 1998 (HRA 1998). Their only substantial reason is a cosmetic one: a home-grown product would give the public a sense of “ownership”. They supply no draft of a Bill of Rights or any attempt to describe its content. All the members accept that it would be premature to pursue the idea until after the Scottish referendum in 2014.

The commission was launched by the government in March 2011 “to investigate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll