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28 November 2012
Issue: 7540 / Categories: Legal News
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Goldsmith v Grayling

Former attorney general attacks new justice secretary

Lord Goldsmith, the former attorney general, has accused the new justice secretary of failing in his duty to uphold the law.

In a sharply worded letter to The Times this week, Lord Goldsmith said Chris Grayling had “failed” his first test by “telling Parliament in effect that it could disregard the ruling of the European Court of Human Rights” on prisoners’ votes. This was “the opposite of upholding the rule of law”, he said.

Lord Goldsmith, who referred in the letter to the fact Grayling is not a lawyer, concluded: “One cannot imagine former Lords Chancellor such as Hailsham, Mackay or Irvine making this mistake.”

The European Court of Human Rights has ruled that the UK’s blanket ban on prisoners being allowed to vote is unlawful.

Grayling told MPs last week that Parliament was sovereign and that they could, if they wished, reject the court’s ruling. He added there would be a political cost to doing this. He laid a draft Bill before Parliament with options of keeping the blanket ban or giving the vote to prisoners sentenced to four years or six months.

Up to 3,000 prisoners could bring compensation claims for breach of their human rights if the government continues with a blanket ban.

Issue: 7540 / 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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