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Keeping British democracy alive

21 October 2022 / Sir Geoffrey Bindman KC
Issue: 7999 / Categories: Features , Rule of law , Human rights
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Are we still committed to the rule of law? Sir Geoffrey Bindman KC considers recent government moves & some concerning historical parallels

A government which denigrates and abandons human rights safeguards needs to be reminded of the struggles and achievements of the last two centuries in developing a justice system which seeks to protect all on equal terms. It is easy to overlook the progress that has been made, and we must not throw it away.

The long road here

Consider the Peterloo Massacre of 1819, when 17 peaceful citizens, gathered in the centre of Manchester to hear a speech by the leading radical Henry ‘Orator’ Hunt, were killed by soldiers on horseback who attacked them with sabres. Instead of prosecuting the killers, the government prosecuted the organisers of the meeting for conspiracy and unlawful assembly. They were tried, convicted, and imprisoned (see my article ‘Peterloo remembered’, NLJ, 7 December 2018, p22).

After the French Revolution in 1789, pressure for democracy had grown in Britain.

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Senior associate promotion strengthens real estate offering

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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