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15 February 2007
Issue: 7260 / Categories: Legal News , Human rights
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Making sense of cloudy human rights

News

Human rights are often “clouded by nonsense”, according to the Constitutional Affairs Secretary, Lord Falconer.

The Department for Constitutional Affairs (DCA) began a campaign last week to promote a better understanding of the Human Rights Act 1998 (HRA 1998) among a range of public sector organisations, including the police and the probation service.

Launching the campaign in Manchester last week, Lord Falconer said: “Too often much of the real importance of human rights has been clouded by nonsense. Human rights and common sense go together. It is my responsibility and that of my department to make sure staff in key frontline services are properly informed about the legislation and how it is meant to work.”

Stephen Grosz, partner at Bindmans and Partners, says: “There have been misconceptions about what HRA 1998 does and does not apply to, and [Lord Falconer] exposes some of these in his speech.

“However, while common sense will get you home most of the time, it’s not always going to be enough, particularly where unpopular groups are concerned, such as terrorists, gypsies and mental patients. Protection of minorities is an important role of human rights.”

Issue: 7260 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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