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05 February 2009
Issue: 7355 / Categories: Opinion , Public , Discrimination , Human rights
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The price of pain

Should survivors of torture overseas be able to sue for damages in the UK courts? asks Richard Scorer

The draft Torture (Damages) Bill seeks to create an exception to the State Immunity Act 1978 (SIA 1978) to enable victims of torture to bring civil claims in the UK courts against foreign states who perpetrate torture, and their officials. The Bill successfully passed its first reading in the House of Commons on 18 November 2008 and its supporters hope that with sufficient parliamentary time, the Bill will now be enacted into law. Why this legal change, and why now?

Underlying the Bill is the recognition that, currently, international legal prohibitions against torture are more honoured in the breach than the observance. Most governments in the world agree, in their official pronouncements, that torture is wrong, and have undertaken never to use it. These undertakings are formalised in the United Nations convention against torture, which came into force in 1987. The convention bans the use of torture in all circumstances including threats to national security. 144

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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