Joint Enterprise Bill Passes First Hearing – Each Other

Posted September 8th, 2022 in appeals, bills, joint enterprise, news, remand by sally

‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’

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Each Other, 7th September 2022

Source: eachother.org.uk

Raab’s human rights reform shelved – Law Society’s Gazette

Posted September 8th, 2022 in bills, human rights, news by sally

‘Dominic Raab’s hopes of making reform of the Human Rights Act the legacy of his period as lord chancellor have been been dashed, according to news reports this afternoon. The Bill of Rights Bill has been shelved while the government reviews “the most effective means to deliver objectives through our legislative agenda”, a source told the BBC’s political editor.’

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Law Society's Gazette, 7th September 2022

Source: www.lawgazette.co.uk

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

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Each Other, 5th September 2022

Source: eachother.org.uk

What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

Financial Remedy Update, August 2022 – Family Law Week

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Diversity concerns as Supreme Court reappoints old guard – Law Society’s Gazette

Posted August 19th, 2022 in bills, diversity, judges, news, retirement, Supreme Court, women by sally

‘The Supreme Court has appointed two recently-retired judges as justices, which critics have pointed out means that men called David now outnumber women by three to one on the UK’s highest court.’

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Law Society’s Gazette, 18th August 2022

Source: www.lawgazette.co.uk

Bill of Rights: good or bad for human rights? – Law Society’s Gazette

Posted August 18th, 2022 in bills, brexit, government departments, human rights, news by sally

‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’

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Law Society's Gazette, 17th August 2022

Source: www.lawgazette.co.uk

Online Safety Bill is not fit for purpose, say IT experts – The Independent

Posted August 12th, 2022 in bills, freedom of expression, government departments, internet, news by sally

‘A survey of industry professionals has found many are uncertain if the proposed internet safety laws are workable in their current form.’

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The Independent, 12th August 2022

Source: www.independent.co.uk

Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other

Posted August 10th, 2022 in bills, human rights, news, Northern Ireland, terrorism, unlawful killing by sally

‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’

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Each Other, 10th August 2022

Source: eachother.org.uk

UK government submits indyref2 argument to Supreme Court – BBC News

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk

Virginity Testing Is Made A Criminal Offence Across The UK – Each Other

Posted August 4th, 2022 in bills, child abuse, children, families, health, human rights, news, women by sally

‘TRIGGER WARNING: Please note that this piece includes language and themes of child abuse, virginity testing and coercion that some may find triggering.

The government has made it illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK under the Health and Care Act 2022. Virginity tests breach women’s and girls’ fundamental rights under the Human Rights Act 1998 (HRA), including the right to be free from torture and inhuman treatment and the right to private and family life.’

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Each Other, 3rd August 2022

Source: eachother.org.uk

The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’

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Each Other, July 2022

Source: eachother.org.uk

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

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UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org

EU launches fresh legal action over Northern Ireland border rules – BBC News

Posted July 22nd, 2022 in bills, brexit, EC law, government departments, news, Northern Ireland by sally

‘The EU has launched fresh legal action against the UK over its enforcement of post-Brexit trading rules in Northern Ireland.’

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BBC News, 22nd July 2022

Source: www.bbc.co.uk

UK Data Protection and Digital Information Bill: in detail – OUT-LAW.com

‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’

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OUT-LAW.com, 20th July 2022

Source: www.pinsentmasons.com

Artificial intelligence rules to require human liability – Law Society’s Gazette

Posted July 19th, 2022 in artificial intelligence, bills, data protection, news by sally

‘Artificial intelligence systems will have to identify a legal person to be held responsible for any problems under proposals for regulating AI unveiled by the government today.’

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Law Society's Gazette, 18th July 2022

Source: www.lawgazette.co.uk

Legislation to counter state threats – Home Office

‘This is the government’s response to the Legislation to Counter State Threats (Hostile State Activity) public consultation.’

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Home Office, 12th July 2022

Source: www.gov.uk