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18 September 2014
Issue: 7622 / Categories: Legal News
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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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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