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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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