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11 March 2010 / Rowan Pennington-Benton , Eddie Craven
Issue: 7408 / Categories: Features , Public , Human rights
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When Strasbourg speaks

Eddie Craven & Rowan Pennington-Benton examine the judicial pecking order

UK courts are required to “take into account” Strasbourg jurisprudence under s 2(1) of the Human Rights Act 1998 (HRA 1998). In R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] UKHL 23, [2001] All ER (D) 116 (May) Lord Slynn famously held that UK courts should “in the absence of some special circumstances, follow any clear and consistent jurisprudence of the ECtHR” [20]. The possibility of declining to follow Strasbourg case law has been consistently and expressly preserved in successive judgments. In practice however the courts have been extremely reluctant to exercise that right, leading some – including judges – to start talking the language of binding precedent.

Professor Jane Wright suggests that this practice is justified given that the ECtHR does not lay down exacting rules, but instead “embodies very general principles which have to be mediated into national legal cultures” (Public Law (2009), Jul, 595–616). Recent case law disputes this account. One notable example is A

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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