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29 April 2022 / Michael Zander KC
Issue: 7976 / Categories: Features , Constitutional law , Human rights
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A British Bill of Rights: going nowhere?

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Is Dominic Raab’s project doomed? Michael Zander reports on criticism from across the legal spectrum
  • With the next steps on the government’s proposals for reform of the Human Rights Act 1998 cautiously awaited, key figures including retired Lord Justice Sir Peter Gross, former justice secretary Sir Robert Buckland, and the Law Society have already made their criticisms known.

The government’s consultation on the Human Rights Act 1998 (HRA 1998) closed on 8 March 2022. We are in the waiting stage while Dominic Raab, the justice secretary, decides which, if any, of his proposals in the consultation document to put forward in legislation.

The consultation document was published on 14 December 2021, together with the report of the Independent Human Rights Act Review (IHRAR) chaired by retired Lord Justice, Sir Peter Gross (see ‘The assault on liberty updated’, NLJ, 7 & 14 January 2022, p7).

On 30 March, Sir Peter Gross spoke at University College London (UCL) about the independent review (available to watch here).

He compared his report with the government’s consultation document:

‘The government

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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