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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

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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