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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

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’ 
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