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21 October 2022
Issue: 7999 / Categories: Legal News , Rule of law , Human rights
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NLJ this week: Time to protect our rights & the rule of law

98005
Recent incursions by the government into the rule of law and associated citizens’ freedoms have disturbing parallels in history, and should not be ignored, Geoffrey Bindman KC writes in this week’s NLJ.

He looks back to 1819, the Peterloo Massacre and the subsequent ‘Six Acts’ repressing public gatherings, public criticism of the government, newspapers and political activity among the working class. Under Boris Johnson’s government, we had ‘five Acts’ curbing public protest and limiting judicial review, as well as proposals to repeal the Human Rights Act, although current prime minister Liz Truss has ditched former justice secretary Dominic Raab’s proposed Bill of Rights.

Bindman writes: ‘Scrapping Raab’s Bill could be a turning point away from a period of isolationism in our history under a government bent on weakening democratic accountability and the rule of law while cynically claiming the opposite. The ‘five Acts’, having ‘nugatory justification’, also need scrapping.’

Also covering the subject of freedom of speech, Hill Dickinson partner David Locke writes in this week’s NLJ on the use of ‘demonetisation’ to silence debate. Locke refers to the decision by PayPal to close the accounts of the Free Speech Union (subsequently re-opened following criticism). The idea that ‘unelected, unaccountable corporations will be able to exercise control over political discourse’ is an ’alarming possibility’, he writes. He asks whether it is now time to include ‘political belief’ among the roster of protected characteristics.

See Geoffrey's article on the rule of law here, and David's on demonetisation and freedom of speech here.

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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