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13 October 2011 / Hle Blog
Issue: 7485 / Categories: Blogs
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Rule Britannia?

HLE blogger Simon Hetherington examines the current human rights debate surrounding immigration reform

A couple of weeks ago, we commented on the ruling by the European Court of Human Rights against the deportation after prison of a rapist who, during his fight against deportation, had built up a family life capable of being protected under Art 8 of the European Convention on Human Rights (the Convention). At the same time we noted the interim advice on the reform of that court, issued by the Commission on a Bill of Rights.

Roll forward a fortnight, and as if by magic the government is flagging up its intention to do something about (1) making it easier for us to deport criminals and suspected terrorists, and (2) replacing the Human Rights Act with a Bill of Rights for Britain.

The government is stepping with care: the whole subject of human rights and related matters, if not exactly taboo, is a source of strain between the coalition partners.

The line chosen by the prime minister and the home secretary is therefore a deliberately fine one: deal with the deportation question by amending the Immigration Rules, rather than making it a Human Rights Act issue and colliding with the Liberal Democrats; and continue the approach to repealing the Human Rights Act by way of the independent commission.

This does not feel right. Whether or not the situation in relation to deportation is something that needs fixing, it is inextricably linked to the right to a family life within the terms of the Convention. It follows that if change is needed, such change impacts upon human rights. To effect it by way of Immigration Rules is questionable…”

Continue reading at  www.halsburyslawexchange.co.uk

Issue: 7485 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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