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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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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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