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14 October 2019
Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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Protecting human rights

The Human Rights Act, which enacts the European Convention on Human Rights into UK law, may come under attack again in the current ‘isolationist’ climate, Geoffrey Bindman QC has warned.

If there is another Conservative government, especially if it follows the UK’s departure from the EU, ‘we may expect it to renew plans to leave the Convention and repeal the Act,’ Bindman writes in this week’s NLJ.

‘There is no necessary connection between our adherence to the Convention and our membership of the EU but leading Conservative politicians have long disliked both, seeing human rights law, like the EU, as an encroachment on British sovereignty. The Conservative Party manifesto of 2015 commits a future Conservative government to withdraw from the Convention and repeal the Act, replacing both with a British Bill of Rights.’

Although some politicians have ‘relied on the occasional adverse Strasbourg decision to justify their criticism of what they see as foreign interference’, Bindman says the Strasbourg court’s margin of appreciation doctrine minimises disharmony by giving weight to the traditions and preferences of individual member states.   

Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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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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