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05 August 2011 / Roger Smith
Issue: 7477 / Categories: Opinion
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The state of human rights (3)

Roger Smith explores opposition to the Human Rights Act

The Human Rights Act 1998 (HRA 1998) is surely the most vilified piece of recent legislation, certainly among Britain’s now tarnished popular press. At the risk of oversimplification, this third piece in a series of four on HRA 1998 seeks to identify the different strands of hostility that coalesce to the effect that the British public has yet to take human rights to its heart.

Press vilification

The red tops were always going to be hostile. HRA 1998, with its recognition of privacy rights, threatens their commercial interest. Paul Dacre, editor of the Daily Mail, objected to developments in a well publicised speech to the Society of Editors: “The British Press is having a privacy law imposed on it, which is…undermining the ability of mass-circulation newspapers to sell newspapers in an ever more difficult market.”

In those innocent days, Dacre praised the News of the World as having “broken many significant stories about corruption and sexual wrong-doing…If the News of the

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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