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10 June 2011 / Roger Smith
Issue: 7469 / Categories: Opinion , Human rights
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The state of human rights

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In a new NLJ mini series, Roger Smith puts human rights under the spotlight

This is the first of four articles to pose the “Goldilocks question” of the Human Rights Act 1998 (the Act). Is it too hot, too cold, or just right? The series is precipitated by the decision of the government to establish a commission to “investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights (the Convention), ensures that these rights continue to be enshrined in UK law, and protects and extend our liberties”. This was promised in the post-election coalition agreement and finally announced in March.

Opposites attract

The terms of reference are, frankly, gobbledygook. They have been slaved over by a combination of lawyers, politicians and civil servants with the express objective of melding two completely opposing questions: should the core provisions of the Act be destroyed or defended? The fundamental problem is clear. The Tories went into the election with a

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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