header-logo header-logo

Straws in the wind

12 September 2014 / Roger Smith
Issue: 7621 / Categories: Opinion , Human rights
printer mail-detail
157334471

Roger Smith looks to the future

Three stories at the cutting edge of legal developments this month: two about human rights, a subject likely to feature in the next election, and one illustrating new developments in a rapidly changing profession.

The President on the road & in the groove

Lord Neuberger clearly decided on a busman’s holiday. He gave seven speeches during August in Australia (four), New Zealand (two) and Hong Kong. Some of his subjects reflected his commercial background. Let us pass over “The remedial constructive trust—fact or fiction”. It is as erudite as you would expect but not for the general reader. The meat for us came in Victoria with a speech on “the role of the judiciary in human rights jurisprudence”.

Lord Neuberger makes a nice point on the hierarchy of power: “In a parliamentary democracy without a constitution…there is a pecking order. First, there is the legislature who can always overrule court decisions; second come the judiciary, who have to give effect to statutes and respect to parliament,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll