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26 March 2014 / Sir Geoffrey Bindman KC
Issue: 7600 / Categories: Opinion , Human rights
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A missed opportunity

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Why did the ECtHR grant the Saudis immunity from legal action in UK courts in a torture case? Geoffrey Bindman QC reports

The European Court of Human Rights (ECtHR) has been accused of undue interference with UK domestic policies. A contrary criticism—undue subservience to unsatisfactory decisions of UK courts—has more substance. The recent decision of the Fourth Chamber of the ECtHR in Jones and others v United Kingdom [2014] ECHR 32 is a great disappointment.

On 14 January by a majority of six judges to one, the Fourth Chamber denied a remedy to four British expatriates tortured and detained for up to three years in Saudi Arabia. Sandy Mitchell, Bill Sampson (whose recent premature death was hastened by his ill-treatment), and Les Walker were falsely accused of involvement in the murder of another British expatriate. Ron Jones was falsely accused of a bombing, and was tortured and detained for 67 days. The court accepted the argument of the UK government that immunity of the Saudi state and its officials from legal

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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