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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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