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29 November 2024 / Roger Smith
Issue: 8096 / Categories: Opinion , Rule of law , International
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Rule of law: words are not enough

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It does proponents of the rule of law no harm to admit to its many uncertainties: Roger Smith warns against the temptation to oversimplify

In October, Lord Richard Hermer KC, the Attorney General, gave the 2024 Bingham Lecture entitled ‘The Rule of Law in an Age of Populism’. Speeches praising the rule of law, with nuanced differences of definition, are somewhat of a rite of passage for attorney generals. It is barely more than a year since Victoria Prentis KC was treading the boards on the same topic, albeit with a different angle.

Restoration & resilience

Lord Hermer’s particular take was the need for ‘restoration of our reputation as a country that upholds the rule of law at every turn and… embedding resilience to rebuff the populist challenge’. The challenges of the modern world are, he argued, ‘increasingly global’ and ‘we need a functioning global order, underpinned by a strong commitment to the rule of law, to even begin to tackle them.’ Such an order, at home and

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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