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08 December 2020
Issue: 7914 / Categories: Legal News , Human rights
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Review of Human Rights Act launched

A review to consider whether the Human Rights Act 1998 needs updating, led by former Court of Appeal judge, Sir Peter Gross, has been announced by the government

An eight-member panel will look at the relationship between the domestic courts and the European Court of Human Rights (ECtHR), including the duty to ‘take into account’ ECtHR case law. It will consider whether domestic courts are being drawn into areas of policy, and the implications of the way in which the Act applies outside the territory of the UK and whether there is a case for change.

The government said ‘the UK remains committed to the European Convention on Human Rights. The review is limited to looking at the structural framework of the Human Rights Act, rather than the rights themselves’.

David Greene, Law Society president, said: ‘The rights enshrined in the Act are core to the UK’s identity as a democratic, fair and just nation.

‘Any review of the Human Rights Act would have implications for every single one of us. There is an opportunity to establish genuine public discourse and build long lasting consensus. We hope the panel will engage extensively with the public, as this will be crucial so that ordinary people are informed about what is at stake and can have their say.’

The review will run alongside the independent review of judicial review, led by former Conservative justice minister Lord Faulks and expected to report back before the end of the year. These reviews, and others due to be announced at a later date, will inform the proposed Commission on Constitution, Democracy and Rights, which the Conservatives promised in their 2019 election manifesto.

However, Sam Grant, head of policy and campaigns at Liberty, said the civil liberties charity was ‘concerned’ by the government’s plans.

‘For years, our laws and legal processes have made sure that governments and public bodies can be challenged when they make bad decisions. The plans announced [this week] and over the past six months are focused on limiting our ability to do this.’

Shadow Justice Secretary David Lammy said it was ‘bonkers that the government is prioritising launching an attack on human rights in the middle of the coronavirus pandemic.’

Issue: 7914 / Categories: Legal News , Human rights
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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