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14 January 2022 / Michael Zander KC
Issue: 7962 / Categories: Opinion , Constitutional law , Human rights
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The assault on liberty updated

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Michael Zander QC considers the Justice Secretary’s plans for a modern Bill of Rights

In 2009, Dominic Raab then a youngish lawyer, a year before becoming an MP, wrote The assault on liberty—what went wrong with rights? (Fourth Estate). It urged that, while remaining a member of the European Convention on Human Rights, the Human Rights Act 1998 (the Act) should be replaced by a British Bill of Rights to ‘focus our judiciary on its primary task, which is to give effect to British rights instead of trying to divine and decipher the murky case law emanating from Strasbourg’.

No one could sensibly have imagined then that a little over a decade later Raab would be Justice Secretary, (pictured) heading government decision-making on reforming the Act.

What’s proposed?

On 14 December 2021, the Justice Secretary published ‘Human Rights Act reforma modern Bill of Rights’, a consultation paper setting out the government’s proposals and inviting answers to 29 questions by 8 March. On the same day, he published

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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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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