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Roger Smith

NLJ columnist

Roger Smith, NLJ columnist & former director of JUSTICE. Newlawjournal.co.uk

NLJ columnist

Roger Smith, NLJ columnist & former director of JUSTICE. Newlawjournal.co.uk

ARTICLES BY THIS AUTHOR

The Daily Mail was keen on Lord Judge’s Judicial Studies Board lecture. It linked his caution on the use of judgments of the Strasbourg European Court of Human Rights to David Cameron’s policies to strengthen British sovereignty. Lord Judge himself, though he uttered the usual judicial disclaimers (“political debate is not for a holder of judicial office”), can hardly have been surprised. He dealt with politically touchy matters—the role of the European Court of Human Rights (ECtHR) and that of the European Court of Justice. On the former, he entered the murky waters of the authority to be accorded by the domestic courts to judgments of the Strasbourg court.

Confusion at the newly created Equality and Human Rights Commission was the last thing that human rights needed.

The General Council of the Bar has publicised the possibility of litigation against the government and the Legal Services Commission.

No less than 12 judges were assembled in the Court of Appeal (five) and the Supreme Court (seven) to deal with the thorny questions raised in R v Horncastle [2009] UKSC 14. You do not get this array of legal talent without a reason.

David Cameron made a fool of himself in his ill-fated attack on “elf and safety”. He got caught out citing as true a “myth” identified on the health and safety executive’s own website. Senior Tories are rallying to his aid to bolster his somewhat similar attack on the Human Rights Act 1998 (HRA 1998).

Let us remember the names of the reviewers and researchers of legal aid since 1997: Sir Peter Middleton, Frontier Economics, Matrix Consultancy, Lord Carter of Coles, the (hapless) in-house Fundamental team and now Sir Ian McGhee. As Labour came into office, it asked a retired banker what to do. As it seemed likely to leave, it asked a former civil servant the same question.

On the very day that the spanking new Supreme Court opened for business, legal tradition reasserted itself. Over the flagstones that had witnessed the trial of Charles I in Westminster Hall walked the elite of the legal world as they made their way to lunch after the traditional service for the opening of the legal year.

Roger Smith looks across the Pond to consider gender & ethnic minorities

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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