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Slave to the system

11 December 2015 / Kim Harrison , Richard Scorer
Issue: 7680 / Categories: Features , Human rights , Personal injury
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Richard Scorer & Kim Harrison explain why anti-slavery legislation needs sharper teeth

It would be nice to think that slavery is a thing of the past but it is not. If slavery is defined to include “slavery, servitude, forced or compulsory labour, human trafficking and exploitation; including the sexual exploitation of both adults and children” (its definition within the Modern Slavery Act 2015 (MSA 2015)) then there are thousands of slaves in the UK—around 13,000 according to the Home Office. It will only be defeated if its victims can hold the perpetrators to account in the courts. But are the legal remedies for modern slavery—particularly civil remedies—as effective as they need to be?

An obvious starting point for legal accountability is the Human Rights Act 1998, which expressly prohibits slavery in Art 4, but this needs to be underpinned by practical enforcement measures. Hence the introduction of MSA 2015, which consolidates and simplifies existing human trafficking and slavery offences and also increases the maximum sentence for slavery and human trafficking to life

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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