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29 July 2010 / Daniel Greenberg
Issue: 7428 / Categories: Blogs
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Nothing will come of nothing

Daniel Greenberg laments the introduction of nonsense legislation

It is a fundamental principle of legislative drafting that each legislative proposition must confer a right or impose a duty and be enforceable. The principle has been disregarded with increasing frequency, with Acts containing material that is at best merely administrative and at worst wholly nugatory. As a mark of how far the trend has gone, in 2010 Parliament has enacted two entire Acts without a single genuine legislative proposition.

The Anti-Slavery Day Act 2010 originated as a private Member’s Bill. It starts with a superficially plausible legislative proposition—“The secretary of state shall by order made by statutory instrument specify a date which shall be observed each year as Anti-Slavery Day.” But how is the day to be observed, and by whom, and what will happen if they don’t? As an advertising campaign the Act may achieve something (although probably less than a well-targeted educational campaign); but as law it is a non-entity.

Sound law?

Of course, one cannot expect private members to draft sound

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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