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Where is the justice?

06 July 2012 / Richard Scorer
Issue: 7521 / Categories: Features , Human rights , Personal injury
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Is the government attempting to impede the quest for justice of torture victims, asks Richard Scorer

In the aftermath of 9/11, western countries embarked on a “war on terror”. Many argue that this war led to some western governments, including our own, becoming complicit in the torture of terrorist suspects. Subsequent civil litigation against the British government, including damages claims by torture victims, has thrown a spotlight on these covert activities.

State accountability

On one view, the damages claims have exposed serious state wrongdoing and as such, have reaffirmed the essential role of civil justice in ensuring state accountability. A contrary view is that these cases have potentially prejudiced security co-operation with friendly foreign governments, such as the US, putting us all at greater risk. This debate lies behind the recently published Justice and Security Bill which makes “closed material procedures” (CMPs) available across the civil justice system and seeks to abolish the Norwich Pharmacal Order (NPO) in cases involving the security services. These are major changes to our legal

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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
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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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