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26 April 2012
Issue: 7511 / Categories: Legal News
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Brighton rocks?

Declaration to ease workload of ECtHR

The European Court of Human Rights will hear fewer cases as a result of the “Brighton Declaration”, justice secretary Ken Clarke has said.

The 47 member nations of the Council of Europe agreed a package of reforms at their conference in Brighton last week, including: amending the European Convention on Human Rights to include the principles of subsidiarity and the margin of appreciation; tightening the admissibility criteria so the court can focus on serious abuses; reducing the time limit for claims from six months to four; and improving the selection process for judges.

Clarke said: “Taken together, these changes should mean fewer cases being considered by the court. Those that it considers will be allegations of serious violations or major points of interpretation of the Convention and they will be processed without the scandalous delays we are seeing at present.”

However, Michael Bochenek, director of law and policy at Amnesty International, said the amendments would “do little to alleviate the workload of the court, while some of them instead undermine the independence of the court and curtail individuals’ access to justice”.

Issue: 7511 / Categories: Legal News
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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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