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18 October 2007 / Craig Barlow , Jason M Hadden
Issue: 7293 / Categories: Features , Immigration & asylum , Human rights
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What lurks beneath

The scars left by the murder of headmaster Philip Lawrence were deepened by the failure to deport his killer. Here, Jason M Hadden and Craig Barlow discuss the issues

A mid hysterical press coverage, on 21 August 2007 the Asylum and Immigration Tribunal (AIT) held that the home secretary could not lawfully deport convicted murderer Learco Chindamo from the UK to Italy (IA/13107/2006).

That day on BBC News 24 the junior minister, Tony McNulty MP, informatively opined to viewers that by reaching that conclusion the AIT had misunderstood or misapplied the Human Rights Act 1998 (HRA 1998). Similarly, on 16 September 2007 the former home secretary, Dr John Reid, writing in the News of the World, suggested that public confidence in HRA 1998 had been damaged citing, among other examples, the Chindamo decision.

The reality, however, is that HRA 1998 has little to do with the outcome in Chindamo, the result was sadly inevitable and the culmination of a legislative and public policy fiasco that promises to repeat itself.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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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