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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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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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