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27 May 2016 / Michael Zander KC
Issue: 7700 / Categories: Features , Public , Human rights
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Uncharted waters

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The House of Lords have questioned the constitutional implications of a British Bill of Rights, notes Michael Zander QC

The wisdom of the government’s plan to replace the Human Rights Act 1998 (HRA 1998) with a British Bill of Rights was questioned by the Justice Sub-Committee of the Lords EU Committee in a strong report published earlier this month (The UK, the EU and a British Bill of Rights, 12th Report, 2015-16, HL Paper 139, 9 May 2016). The 48-page report is a notable contribution to this ongoing debate.

The report considers the likely impact of a British Bill of Rights on three areas: human rights litigation in national courts under the EU Charter of Fundamental Rights; the UK’s EU legal obligations and international standing; and the devolved settlements.

Mr Michael Gove, Lord Chancellor and Secretary of State, said in evidence to the Committee that the government’s two main objectives in introducing a British Bill of Rights were to restore national faith in human rights, and to give human rights greater

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The 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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