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21 October 2022 / Sir Geoffrey Bindman KC
Issue: 7999 / Categories: Features , Rule of law , Human rights
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Keeping British democracy alive

98005
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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NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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