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02 December 2022 / Sir Geoffrey Bindman KC
Issue: 8005 / Categories: Opinion , Human rights , EU
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Law & politics: a two-pronged attack?

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The ongoing assault on the judiciary, the European Convention on Human Rights & the Human Rights Act is authoritarian & undemocratic, says Sir Geoffrey Bindman KC

Prime Minister Rishi Sunak, in his first public statement, committed his government to implementing the Conservative Party’s 2019 manifesto, listing several of its promises but omitting any reference to those affecting our legal system. Under the heading ‘Protect our democracy’, the manifesto promises to ‘update the Human Rights Act’ and to ensure that ‘judicial review is… not abused to conduct politics by another means or to create needless delays’. It says: ‘In our first year we will set up a Constitution, Democracy and Rights Commission that will examine these issues in depth.’

This did not happen. Instead, the Johnson government created separate commissions chaired by senior lawyers—one an ex-Conservative minister Lord Faulks, the other Sir Peter Gross, a retired Lord Justice of Appeal—to examine administrative law and human rights. Both poured cold water on the government’s intentions, but the government did

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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