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21 October 2022 / Sir Geoffrey Bindman KC
Issue: 7999 / Categories: Features , Rule of law , Human rights
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Keeping British democracy alive

98005
Are we still committed to the rule of law? Sir Geoffrey Bindman KC considers recent government moves & some concerning historical parallels

A government which denigrates and abandons human rights safeguards needs to be reminded of the struggles and achievements of the last two centuries in developing a justice system which seeks to protect all on equal terms. It is easy to overlook the progress that has been made, and we must not throw it away.

The long road here

Consider the Peterloo Massacre of 1819, when 17 peaceful citizens, gathered in the centre of Manchester to hear a speech by the leading radical Henry ‘Orator’ Hunt, were killed by soldiers on horseback who attacked them with sabres. Instead of prosecuting the killers, the government prosecuted the organisers of the meeting for conspiracy and unlawful assembly. They were tried, convicted, and imprisoned (see my article ‘Peterloo remembered’, NLJ, 7 December 2018, p22).

After the French Revolution in 1789, pressure for democracy had grown in Britain. The great majority had no vote and no effective redress against

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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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