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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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