header-logo header-logo

18 September 2014
Issue: 7622 / Categories: Legal News
printer mail-detail

Neuberger: common law just as important

The Supreme Court should make sure the common law “doesn’t get overlooked”, Lord Neuberger, the court’s President has said.

Years ago, “judges with the Human Rights Act were like children with a new toy—I think we got very excited about the Act and sometimes not about the common law,” he said, in an interview with the UKSC Blog.

“They’re not antithetical—the two should march together. I think part of our function now is to make sure the common law gets developed and doesn’t get overlooked.”

On criticism against judges for being “subservient” to the European Court of Human Rights in Strasbourg, he acknowledged there was “something to be said for the [that] view”. However, he said the courts needed to “think long and hard” before departing from Strasbourg’s view because they need to maintain consistency in Europe and to avoid cases being referred to Strasbourg.

Issue: 7622 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll