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Human rights

14 April 2017
Issue: 7742 / Categories: Case law , Law digest , In Court
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AB v Her Majesty’s Advocate (Scotland) [2017] UKSC 25, [2017] All ER (D) 14 (Apr)

The Supreme Court held that s 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009, which made the defence of reasonable belief not available for those who had previously been charged by the police with a relevant sexual offence, was incompatible with Convention rights in its application to the defendant because it interfered disproportionately with his right under Art 8 of the European Convention on Human Rights. Accordingly, the defendant’s appeal would be allowed and the proceedings would be remitted to the High Court of Justiciary.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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