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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

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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