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22 July 2011 / Roger Smith
Issue: 7475 / Categories: Opinion , Human rights
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The state of human rights (2)

What’s the Human Rights Act ever done for us, asks Roger Smith

What has the Human Rights Act ever done for us? Not much, according to critics such as Daily Mail columnist Melanie Phillips: “Under the camouflage of human rights, this is the way freedom dies.” Yet, just as the Monty Python insurgents had to admit that the Romans had done quite a lot of good, so we should admit the same of the Human Rights Act 1998 (HRA 1998).

Prisoner voting

We should begin by acknowledging what HRA 1998 does not do. It does not change a word of the 60-year-old European Convention on Human Rights. For example, the troublesome Mr Hirst, who established that the UK general ban on prisoners’ voting was in breach of the Convention, won his first case (on delays of his parole hearing) at the European Court of Human Rights (ECtHR) before HRA 1998 came into force. His second victory was again at the hands of the ECtHR. HRA 1998 played no part in the court’s decision on either. MPs railing against the impact

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Jurit LLP—Caroline Williams

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Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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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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