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06 July 2012 / Richard Scorer
Issue: 7521 / Categories: Features , Human rights , Personal injury
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Where is the justice?

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Is the government attempting to impede the quest for justice of torture victims, asks Richard Scorer

In the aftermath of 9/11, western countries embarked on a “war on terror”. Many argue that this war led to some western governments, including our own, becoming complicit in the torture of terrorist suspects. Subsequent civil litigation against the British government, including damages claims by torture victims, has thrown a spotlight on these covert activities.

State accountability

On one view, the damages claims have exposed serious state wrongdoing and as such, have reaffirmed the essential role of civil justice in ensuring state accountability. A contrary view is that these cases have potentially prejudiced security co-operation with friendly foreign governments, such as the US, putting us all at greater risk. This debate lies behind the recently published Justice and Security Bill which makes “closed material procedures” (CMPs) available across the civil justice system and seeks to abolish the Norwich Pharmacal Order (NPO) in cases involving the security services. These are major changes to our legal system but because they are also highly technical, are unlikely

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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