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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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