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06 July 2012 / Richard Scorer
Issue: 7521 / Categories: Features , Human rights , Personal injury
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Where is the justice?

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Is the government attempting to impede the quest for justice of torture victims, asks Richard Scorer

In the aftermath of 9/11, western countries embarked on a “war on terror”. Many argue that this war led to some western governments, including our own, becoming complicit in the torture of terrorist suspects. Subsequent civil litigation against the British government, including damages claims by torture victims, has thrown a spotlight on these covert activities.

State accountability

On one view, the damages claims have exposed serious state wrongdoing and as such, have reaffirmed the essential role of civil justice in ensuring state accountability. A contrary view is that these cases have potentially prejudiced security co-operation with friendly foreign governments, such as the US, putting us all at greater risk. This debate lies behind the recently published Justice and Security Bill which makes “closed material procedures” (CMPs) available across the civil justice system and seeks to abolish the Norwich Pharmacal Order (NPO) in cases involving the security services. These are major changes to our legal

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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