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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

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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