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12 August 2016 / Sir Geoffrey Bindman KC
Issue: 7711 / Categories: Features
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The road to democracy

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How did the UK develop from an autocratic monarchy to a representative democracy where human rights are generally upheld, asks Geoffrey Bindman QC

Why did so many vote for Brexit? One reason, widely acknowledged, is sovereignty. Many believed we had lost it to foreign bureaucrats in Brussels. Leaving the EU was seen as retrieving a prized possession carelessly mislaid. Others—of whom I am one—believe that agreeing limitations on our activities in return for reciprocal limitations by other states does not nullify the democratic authority of the UK parliament. That is where sovereignty resides and we should be grateful for it.

Of course our system has its anomalies and weaknesses but its virtues stand out when we reflect on the long and bloody history which has brought us from an autocratic monarchy to a representative democracy where human rights are generally upheld. History should also teach us humility. We do not need to look far back to find brutality in Britain equal to the barbarities of Islamic State or the legal systems of Saudi

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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