Law Society Legal News Summary 15 December 2021


Human Rights Act 'overhaul' launches
 

Ellie Cumbo, our head of public law, was on BBC News (from 32:17) BBC Two and the BBC News channel yesterday morning discussing proposed changes to the Human Rights Act. Our concerns were cited on BBC Radio 4's Today programme (from 2:22:45) in an interview with Dominic Raab. Our concerns were also referenced by a number of broadcasters including including GB News, BBC Radio 6 Music, BBC Radio London, BBC Radio Solent, and BBC Radio WM. 

The BBCIndependentGuardianDaily Mail (print), Metro, GazetteIndy100,  Business FastMSN UK and Birmingham Mail also quote us on the issue. 

Commenting on reports of a consultation on reform of the Human Rights Act, Law Society president I. Stephanie Boyce said: "People from all walks of life rely on the Human Rights Act to uphold and protect their rights. Any reform of this subtle and carefully crafted legal instrument should be led by evidence – not driven by political rhetoric. 

"The powers government purports to introduce for the most part already exist: British judges deliver British justice based on British laws, looking closely at how judgments fit into the national context, and disapplying them if there is good reason to do so. UK courts do not, as government suggests, 'blindly' follow case law from the European Court of Human Rights. 

"Equally, foreign criminals already can be deported in the public interest even where there are arguments against this from the right to family life. Every case is different, making it necessary to weigh each on its own particulars. Talk of restricting rights is dangerous and does not reflect the nuanced job the courts have to do. 

"We expect the government's more detailed proposals to be informed and framed by the year-long independent review it commissioned. We trust that government's final proposals will preserve the UK's deserved reputation as a global leader in upholding human rights both domestically and on the international stage."
 

Legal Ombudsman needs radical action on backlog 

The Gazette notes Law Society concerns about the backlog of cases with Legal Ombudsman (LeO). We said: "Our overarching concern is that whilst there has been some improvement in LeO's performance, it has not been to the levels expected and at the required pace." 

We added that measures such as outsourcing and new scheme rules should be considered alongside better use of technology to manage its workload better. 

Read our press release
 

Billable hours 

The Australasian Lawyer reports that a Freshfields partner is pushing for the abolishment of billable hours. The article quotes our research on the gender pay gap. 

Read our press release and the report in full
 

Reopen closed courts 

The Gazette covers our suggestion that closed courts be reopened to tackle the courts backlog.
 

Property Fraud 

Estate Agent Today reports on our guide, co-published with the Fraud Advisory Panel, and HM Land Registry on staying safe from property fraud. 

Read the guidance
 

Wills, wills, wills 

Kieran Bowe, a member of our wills and equity committee was on BBC Radio Sussex (from 39:14) and BBC Radio Surrey talking about the importance of wills for supporting your family and even your pets.
 

Working from home 

Paul Singh, a member of our employment law committee, was on BBC Radio WM (from 3:09:46) discussing working from home.
 

Also worth a read: 

  • Fraudsters lied about retaining solicitor firm to fool NatWest – Legal Futures
  • Covid passes start despite Tory rebellion – BBC
  • UK inflation highest in a decade – FT(£)
  • Expect mass staff absences and major shortages – Guardian
  • Shaun Bailey quits London assembly after caught partying – Guardian  

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