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26 June 2015 / Sir Geoffrey Bindman KC
Issue: 7658 / Categories: Features , Human rights
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US defies fundamental law

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Torturers must be brought to justice, insists Geoffrey Bindman QC

Torture is a gross abuse and the cruellest of crimes. The English common law has banned it since the Middle Ages as Lord Bingham confirmed in the House of Lords in A v Home Secretary [2005] UKHL 71.

The Lords ruled that the prohibition was wide enough even to exclude from legal proceedings in the UK evidence “which has or may have been procured by torture inflicted, in order to obtain evidence, by officials of a foreign state without the complicity of the British authorities.”

Lord Bingham cited several of the greatest jurists, including Sir John Fortescue, Blackstone, and Sir William Holdsworth. Fortescue, in the 15th century, pointed out the ineffectiveness of torture as a means of extracting accurate information. “But who is so hardy” he wrote “that having once passed through this atrocious torment, would not rather, though innocent, confess to every kind of crime, than submit again to the agony of torture already suffered.” Sir Edward Coke said torture contravened

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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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