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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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