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Clash of the Titans

27 May 2011 / Stephen Hockman KC
Issue: 7467 / Categories: Opinion
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Stephen Hockman QC Courting controversy: Parliament & the judiciary wrangle over privacy

The issue of legal privacy which dominates current headlines is a toxic one. It mingles not only some traditional elements such as sex, football and money. We are also seeing a concerted attempt by the media to gain significant new ground within our political system. We are seeing how the use of the internet can make a political issue much harder to solve. And above all we are seeing how, under our uncodified constitution, there is the potential for damaging tension between the courts and Parliament.

The judges are doing their best to address these problems constructively. If you doubt this, look not only at the report by the Master of the Rolls’ Committee on Super Injunctions, but also at the transcript of the press briefing last week by the Master of the Rolls and the Lord Chief Justice (now on the judiciary’s website at www.judiciary.gov.uk). Lord Judge makes clear his desire to see the use of the internet made

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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