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NLJ this week: Time to protect our rights & the rule of law

21 October 2022
Issue: 7999 / Categories: Legal News , Rule of law , Human rights
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98005
Recent incursions by the government into the rule of law and associated citizens’ freedoms have disturbing parallels in history, and should not be ignored, Geoffrey Bindman KC writes in this week’s NLJ.

He looks back to 1819, the Peterloo Massacre and the subsequent ‘Six Acts’ repressing public gatherings, public criticism of the government, newspapers and political activity among the working class. Under Boris Johnson’s government, we had ‘five Acts’ curbing public protest and limiting judicial review, as well as proposals to repeal the Human Rights Act, although current prime minister Liz Truss has ditched former justice secretary Dominic Raab’s proposed Bill of Rights.

Bindman writes: ‘Scrapping Raab’s Bill could be a turning point away from a period of isolationism in our history under a government bent on weakening democratic accountability and the rule of law while cynically claiming the opposite. The ‘five Acts’, having ‘nugatory justification’, also need scrapping.’

Also covering the subject of freedom of speech, Hill Dickinson partner David Locke writes in this week’s NLJ on the use of ‘demonetisation’ to silence debate. Locke refers to the decision by PayPal to close the accounts of the Free Speech Union (subsequently re-opened following criticism). The idea that ‘unelected, unaccountable corporations will be able to exercise control over political discourse’ is an ’alarming possibility’, he writes. He asks whether it is now time to include ‘political belief’ among the roster of protected characteristics.

See Geoffrey's article on the rule of law here, and David's on demonetisation and freedom of speech here.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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