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14 October 2019
Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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Protecting human rights

The Human Rights Act, which enacts the European Convention on Human Rights into UK law, may come under attack again in the current ‘isolationist’ climate, Geoffrey Bindman QC has warned.

If there is another Conservative government, especially if it follows the UK’s departure from the EU, ‘we may expect it to renew plans to leave the Convention and repeal the Act,’ Bindman writes in this week’s NLJ.

‘There is no necessary connection between our adherence to the Convention and our membership of the EU but leading Conservative politicians have long disliked both, seeing human rights law, like the EU, as an encroachment on British sovereignty. The Conservative Party manifesto of 2015 commits a future Conservative government to withdraw from the Convention and repeal the Act, replacing both with a British Bill of Rights.’

Although some politicians have ‘relied on the occasional adverse Strasbourg decision to justify their criticism of what they see as foreign interference’, Bindman says the Strasbourg court’s margin of appreciation doctrine minimises disharmony by giving weight to the traditions and preferences of individual member states.   

Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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