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25 January 2013 / Roger Smith
Issue: 7545 / Categories: Opinion , Human rights
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A world of difference

Roger Smith examines human rights issues at home & away

As we consider David Cameron’s big speech on the European Union, it may be worth reflecting on how the pressures between domestic and international forces are reflected elsewhere in the legal system.

Universal jurisdiction

The idea of an international and universal jurisdiction over particularly heinous crimes against humanity is a legacy of the Second World War. General Pinochet managed to escape by the skin of his teeth and a somewhat indulgent view of his health by Jack Straw. However, we now have the second prosecution of somewhat lesser fry.

Colonel Kumar Lama has been charged with torture in relation to events in a Nepalese barracks while visiting his wife on the south coast over Christmas. Somewhat ironically, Colonel Lama’s current job is as a UN peacekeeper and he was expected to return to South Sudan in the New Year. However, events from his past caught up with him and Dominic Grieve, the attorney general, was persuaded to charge him with torture under

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MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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