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Reimagining the Law 25 June 2020

1. Overcoming a destructive legacy

At this moment of existential public health, environmental, human rights and socio-economic crisis, it would be useful to critique, innovate and transform international law and governance to overcome the harsh and destructive legacy of empire and colonialism and reconstitute a global governance regime founded on inclusion, solidarity and sustainability.
Oonagh Fitzgerald

2. The state as guardian not claims processor

Public bodies making decisions about claims in the fields of mental health and immigration (and possibly others) should be permitted to reject a claim only if that claim would be likely to fail on the balance of probabilities. This should be backed by personal accountability and financial penalties for failure.
Edward Sparrow

3. "Back to the future"!

The Brussels I (Recast) regime for determining jurisdiction in EU cross-border commercial disputes ceases in December. The EU opposes the UK's application to join the Lugano Convention. We should return to the "old" jurisdiction rules of O.11 RSC, updated in CPR PD 6B, particularly para 3.1. English judgments against EU defendants might, as with non-EU defendants, not be readily enforceable in EU states. Defendants are sued here because of an English jurisdiction clause or because of UK assets. HMG should be bold.
Sir Richard Aikens

4. Diversity in the law

Equal access to justice and fairness require diversity of perspective amongst those who develop and administer the law. An increasingly diverse society cannot be forced to abide by the law but must willingly accept it. We must train, promote and encourage programmatically greater participation in all facets of the law by diverse lawyers, and ensure that all are exposed to and respect the diversity of experience that the law must accommodate and promote.
Arif Hyder Ali

5. Legal Expenses Insurance

1p on every insurance transaction should be charged in order to fund comprehensive and universal Legal Expenses Insurance for all those that need it.
Eddie Coppinger

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