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01 September 2017 / Sir Geoffrey Bindman KC
Issue: 7759 / Categories: Features , Profession
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The Rule of Law fights back

Lord Reed’s masterly analysis in Unison is a triumph for access to justice. But what next, asks Geoffrey Bindman

If, in the words of Abraham Lincoln, government is of the people, by the people and for the people, the independent role of the courts and the judiciary is crucial. The executive functions of government, exercised by the cabinet, moderated only partially by elected members of Parliament, must be carried out lawfully, and it is the job of the judges to make sure they are.

The Supreme Court has now ruled in favour of a challenge by the trade union Unison to the imposition of fees (by the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893)) on those seeking justice in the employment tribunals (see p 11). Its decision to declare charging fees for access to the tribunals illegal is of fundamental constitutional importance. Judges are no longer merely the interpreters of the law. Nor is their responsibility limited to seeing that it is enforced. The law, as the Supreme Court has now determined it to be,

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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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