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30 May 2013
Issue: 7562 / Categories: Case law , Law digest , In Court
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Elections

Shindler v United Kingdom (App No 19840/09) [2013] ECHR 19840/09, [2013] All ER (D) 239 (May)

The applicant was a British national who had moved to Italy in 1982. Under the Representation of the People Act 1983, British citizens residing overseas for less than 15 years were permitted to vote in parliamentary elections in the UK. The applicant did not meet that criterion. He complained to the European Court of Human Rights that his right to Art 3 of the First Protocol to the European Convention on Human Rights had been violated. In dismissing the application, the court held that the rights bestowed by Art 3 of the First Protocol to the Convention were not absolute. There was room for implied limitations and contracting states had to be allowed a margin of appreciation in that sphere. For a measure to be deemed compatible with the right to vote, the conditions to which the right to vote was made subject could not curtail the right to such an extent as to impair its very essence and deprive it of

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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