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14 December 2017
Issue: 7774 / Categories: Legal News , Brexit , Human rights
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Human rights v democracy?

Human rights law is eroding democracy, according to centre-right think tank Policy Exchange.

Sir Noel Malcolm, Policy Exchange senior advisor, takes aim at the European Court of Human Rights (ECtHR) this week in a study, ‘Human Rights and Political Wrongs: A new approach to Human Rights law’. He asserts that the ECtHR: fails to provide certainty and predictability; goes beyond the original scope of the European Convention; and has required the government to give some prisoners the vote despite MPs voting against this. He calls on the government to leave the ECtHR, replace the Human Rights Act and find new ways to protect the individual from the state.

However, Sir Geoffrey Bindman QC, consultant at Bindmans, pointed out Sir Noel had been unable to find more than a handful of cases to back his argument. He said: ‘For all its scholarship, it is essentially a propagandist document in line with the isolationist viewpoint of others who seek withdrawal from European institutions.’

Issue: 7774 / Categories: Legal News , Brexit , 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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