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20 March 2020
Categories: Legal News , Human rights
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Human rights gap repaired

MPs and Peers have welcomed a draft remedial order that repairs a gap in the law for those who’ve suffered a human rights violation, even where this was due to a judicial act done in good faith

The draft Human Rights Act 1998 (Remedial) Order 2019 provides a remedy where individuals would be deprived due to the need to uphold the independence of the judiciary.

Section 9(3) of the Human Rights Act sought to preserve the balance between individual rights and judicial immunity. However, it was found to be incompatible with Art 13 of the European Convention on Human Rights, in Hammerton v UK 2016 (Application No 6287/10). The case concerned a man imprisoned for contempt of court for a longer time than he would otherwise have served due to a judicial act that denied him his Art 6 right to a fair trial by depriving him of legal representation.

The draft Order removes the bar on courts awarding damages to individuals where s 9(3) applies.

In its second report on the draft Order, published this week, the Joint Committee on Human Rights welcomed the draft Order and recommended that it be approved by both Houses of Parliament.

Categories: Legal News , Human rights
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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