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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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Birketts—Nathan Evans

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Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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