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28 April 2023 / Sir Geoffrey Bindman KC
Issue: 8022 / Categories: Features , Human rights , Constitutional law
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Magna Carta did not die in vain

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The right to be treated justly belongs to everyone: Geoffrey Bindman KC questions whether the current government has forgotten this in its attitude to human rights

‘Does Magna Carta mean nothing to you? Did she die in vain?’ This joke by the late Tony Hancock echoes the consensus that Magna Carta has an important place in our national story, but without quite knowing why. Governments should know better, but our current government has failed to heed its guidance.

Its origin more than 800 years ago was of course in a very different society. King John, the younger brother and successor of the revered king, Richard the Lionheart, asserted dictatorial power and used it to extort money from the barons, the richest of his subjects, in order to fight his battles with the French. The barons resisted and the country was on the brink of civil war. Magna Carta was John’s peace offering to the barons, sponsored by Pope Innocent III. It ran to 63 paragraphs, most

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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