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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?

102826
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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Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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