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02 December 2022 / Sir Geoffrey Bindman KC
Issue: 8005 / Categories: Opinion , Human rights , EU
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Law & politics: a two-pronged attack?

102826
The ongoing assault on the judiciary, the European Convention on Human Rights & the Human Rights Act is authoritarian & undemocratic, says Sir Geoffrey Bindman KC

Prime Minister Rishi Sunak, in his first public statement, committed his government to implementing the Conservative Party’s 2019 manifesto, listing several of its promises but omitting any reference to those affecting our legal system. Under the heading ‘Protect our democracy’, the manifesto promises to ‘update the Human Rights Act’ and to ensure that ‘judicial review is… not abused to conduct politics by another means or to create needless delays’. It says: ‘In our first year we will set up a Constitution, Democracy and Rights Commission that will examine these issues in depth.’

This did not happen. Instead, the Johnson government created separate commissions chaired by senior lawyers—one an ex-Conservative minister Lord Faulks, the other Sir Peter Gross, a retired Lord Justice of Appeal—to examine administrative law and human rights. Both poured cold water on the government’s intentions, but the government did not change its plans. Dominic Raab (pictured), in his first

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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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