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12 June 2015
Issue: 7657 / Categories: Legal News
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Overhaul of spy laws recommended by Independent Reviewer

The security agencies would need to consult a judge before intercepting communications, under an overhaul of spy laws suggested by the Independent Reviewer of Counter-Terrorism Legislation, David Anderson QC.

His influential report, A question of trust, which was laid before Parliament this week, calls for reform of the Regulation of Investigatory Powers Act 2000—or RIPA 2000—the UK’s core law on surveillance. 

Anderson warns that “RIPA 2000, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates…This state of affairs is undemocratic, unnecessary and—in the long run intolerable.” 

He supports bulk collection of data by security agencies but warns that the courts should be able to decide whether its use is proportionate. He also suggests a new requirement of judicial authorisation of all warrants for interception, the role of the secretary of state being limited to certifying that certain warrants are required in the interests of national security.

Anderson said: “Trust requires verification. 

“Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards. The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate.” 

Commenting on David’s report this week, Andrea Coomber, director, Justice, says: “The Home Secretary wanted an independent view on the surveillance debate and the Independent Reviewer has spoken: no new powers now; new safeguards for powers there already; and independent judicial oversight.      

“We need a new law fit for the digital age, one that protects us all from disproportionately intrusive surveillance and provides appropriate judicial oversight.  David Anderson agrees: it should look nothing like the last government’s ‘Snoopers’ Charter’.”

 

Issue: 7657 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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