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Goldsmith v Grayling

28 November 2012
Issue: 7540 / Categories: Legal News
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Former attorney general attacks new justice secretary

Lord Goldsmith, the former attorney general, has accused the new justice secretary of failing in his duty to uphold the law.

In a sharply worded letter to The Times this week, Lord Goldsmith said Chris Grayling had “failed” his first test by “telling Parliament in effect that it could disregard the ruling of the European Court of Human Rights” on prisoners’ votes. This was “the opposite of upholding the rule of law”, he said.

Lord Goldsmith, who referred in the letter to the fact Grayling is not a lawyer, concluded: “One cannot imagine former Lords Chancellor such as Hailsham, Mackay or Irvine making this mistake.”

The European Court of Human Rights has ruled that the UK’s blanket ban on prisoners being allowed to vote is unlawful.

Grayling told MPs last week that Parliament was sovereign and that they could, if they wished, reject the court’s ruling. He added there would be a political cost to doing this. He laid a draft Bill before Parliament with options of keeping the blanket ban or giving the vote to prisoners sentenced to four years or six months.

Up to 3,000 prisoners could bring compensation claims for breach of their human rights if the government continues with a blanket ban.

Issue: 7540 / Categories: Legal News
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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