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26 July 2024 / Malcolm Bishop KC
Issue: 8081 / Categories: Features , Profession , International , Criminal
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Death in paradise: The death penalty in the Caribbean—State independence or human rights?

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Malcolm Bishop KC reflects on the role of the ‘savings clause’ in maintaining capital punishment in the Caribbean
  • Covers attempts to abolish the mandatory death sentence for murder in Caribbean states, following independence.

What happens when an irresistible force meets an immovable object? A gargantuan collision. In the legal world, two principles sit uneasily together and sometimes collide: state sovereignty and human rights.

This clash came to prominence in the ‘swinging 60s’. As well as the Beatles, the miniskirt and the sexual revolution, the decade was notable for the independence of many former British colonies, particularly in the Caribbean. This followed many years of agitation, strife and even violent uprising. But, having decided to grant independence, means had to be found to ensure the newly formed nations set out on their journey with minimum disruption. The upshot was that each former colony was granted a constitution by the UK sovereign in council under an executive order. The UK, itself,

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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