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24 March 2011
Issue: 7458 / Categories: Legal News
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The human condition

New commission to investigate UK Bill of Rights

Lord Lester and Helena Kennedy QC are among eight human rights experts appointed to a commission to investigate the case for a UK Bill of Rights.
The commission, due to file its final report and recommendations by the end of 2012, will be chaired by former permanent secretary, Sir Leigh Lewis. Its members include Sir David Edward PC QC, a former judge of the European Court of Justice, and Professor Philippe Sands QC.

Launching the commission this week, Ken Clarke, secretary of state for justice, said: “I hope that this work will help to inform the debate on human rights at home and assist us as we continue to press for reform of the Strasbourg Court.”

The Ministry of Justice said the independent commission would investigate the creation of a UK Bill of Rights that “incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extends our liberties”. It will advise the government on potential reform of the European Court of Human Rights in the run-up to the UK’s chairmanship of the Council of Europe later this year.

Sir Leigh Lewis, says: “I hope that the commission’s final report will provide an objective and informed basis for the future debate on human rights in the UK.”

Sir Geoffrey Bindman QC, chairman of the board, British Institute of Human Rights, said: “We note that any Bill of Rights recommended by the government’s Commission is required to build on all our obligations under the European Convention of Human Rights and ensure that these rights continue to be enshrined in UK law.

“However, we are concerned that the terms of reference make no reference to the Human Rights Act. We call on the new commission, as a matter of urgency, to confirm that it will ensure any proposal for a Bill of Rights builds on the Human Rights Act, and is designed to enhance, rather than weaken, the protections and mechanisms already in place.

“Such an assurance would increase the prospect of a genuine and open debate about the legal protection of human rights in the UK.”

Human rights group, Justice predicted last year, in the report Devolution and Human Rights, that any attempt to substantially amend the Act would likely “prove a legal and political nightmare”.
 

Issue: 7458 / Categories: Legal News
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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