Jamaican drug dealer avoids deportation after pledging to only smoke cannabis – not sell it – The Independent

Posted February 18th, 2025 in deportation, drug offences, drug trafficking, families, human rights, news by tracey

‘A Jamaican drug dealer avoided deportation after he promised to only smoke cannabis and not sell it.’

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The Independent, 17th February 2025

Source: www.independent.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by tracey

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Bereaved parents launch court challenge over UK benefit ‘discrimination’ – The Guardian

Posted February 11th, 2025 in benefits, bereavement, children, civil partnerships, families, human rights, marriage, news by tracey

‘Two bereaved parents have filed a case at the European court of human rights, claiming that the UK government’s treatment of them is discriminatory.’

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The Guardian, 8th February 2025

Source: www.theguardian.com

UN torture tsar attacks UK over ‘inhumane’ indefinite jail terms – The Independent

‘A United Nations torture tsar has said British prisoners trapped on indefinite jail terms are probably “being detained arbitrarily” after The Independent revealed six in 10 are being blocked from moving to open jails.’

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The Independent, 8th February 2025

Source: www.independent.co.uk

Corporal punishment, religious beliefs, professional misconduct and the ECHR: ABC v General Medical Council – Law & Religion UK

‘In ABC v General Medical Council [2025] EWHC 242 (Admin), the appellant, a doctor, appealed under s.40 Medical Act 1983 against a determination of the Medical Practitioners’ Tribunal, which had found proved that between 2012 and January 2019, he had physically abused his children using corporal punishment and had decided to strike him off the register. He was suspended pending the outcome of the appeal [1].’

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Law & Religion UK, 8th February 2025

Source: lawandreligionuk.com

BSB chief: Barristers must be “circumspect” in exercising free speech – Legal Futures

‘Barristers must be “circumspect” in exercising their free speech when speaking about controversial matters, the director general of the Bar Standards Board (BSB) has said.’

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Legal Futures, 10th February 2025

Source: www.legalfutures.co.uk

Home Office ordered to pay £100,000 to asylum seeker whose life it ‘grossly restricted’ – The Guardian

‘The Home Office must pay £100,000 to an asylum seeker who was unlawfully detained before her ability to work, buy food and socialise was “grossly restricted”, the high court has said.’

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The Guardian, 6th February 2025

Source: www.theguardian.com

UKSC to decide what ‘Woman’ means in the Equality Act 2010 – Oxford Human Rights Hub

‘The UK Supreme Court (UKSC) is poised to deliver its judgment in For Women Scotland v The Scottish Ministers, examining whether “woman” under the Equality Act 2010 (EA) includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA). This blog discusses why GRC holders should not be excluded from the EA’s sex discrimination protections.’

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Oxford Human Rights Hub, 30th January 2025

Source: ohrh.law.ox.ac.uk

Sixteen jailed UK climate activists to appeal against ‘unduly harsh’ sentences – The Guardian

‘Sixteen environmental activists jailed in the past year will appear at the high court on Wednesday to ask England’s most senior judge to quash their “unduly harsh” sentences.’

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The Guardian, 29th January 2025

Source: www.theguardian.com

Journalists win appeal over naming of judges who decided historic care proceedings relating to Sara Sharif – Local Government Lawyer

‘The Court of Appeal has allowed an appeal brought by two journalists against a judge’s decision to order the anonymisation of the names of the circuit judges that had decided historic care proceedings relating to Sara Sharif, who was murdered by her father and step-mother in 2023.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Private conversations and standards of propriety: DPP v Cobban – Journal of Media Law

‘This comment considers the decision of the Divisional Court in DPP v Cobban, looking at the application of s 127 of the Communications Act 2003 and the compatibility with Articles 8 and 10 of the ECHR. The comment argues that the decision is significant in imposing a criminal restriction to uphold standards of propriety in relation to a closed conversation between consenting adults. The comment also questions whether the reach of the decision can be limited to a context that involves police officers. The decision points to the limited protection of expression rights and highlights the ongoing problems of s 127 in applying a standard of gross offence in a speech crime.’

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Journal of Media Law, 10th January 2025

Source: www.tandfonline.com

Privacy law and the dead – a reappraisal – Journal of Media Law

Posted January 17th, 2025 in human rights, news, privacy by sally

‘Privacy is regarded as a fundamental right that is protected in multiple and varying ways. This cannot be said for privacy of the dead. This article considers the importance of post-mortem privacy and reviews the law of privacy and post-mortem privacy in England and Wales including under the ECHR. It also considers medical confidentiality and whether common arguments that pertain to the dead (e.g. organ donation, burial, testamentary dispositions and posthumous copyright) lend support to post-mortem privacy arguments. This article introduces the concept of post-mortem privacy as envisioned by Harbinja and Edwards, and discusses whether the dead can be legal rights holders with a focus on the Interest Theory of rights. This allows for the discussion of post-mortem theories and harm. It concludes by supplementing Donnelly and McDonagh’s theories on ante-mortem anxiety and Davey’s theory on chilling effects with the jurisprudence of the ECHR to create a new legal right.’

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Journal of Media Law, 6th January 2025

Source: www.tandfonline.com

Key provisions of Higher Education (Freedom of Speech) Act to be brought into force, but “burdensome” provisions scrapped, Education Secretary vows – Local Government Lawyer

‘The Education Secretary, Bridget Phillipson, has promised that key provisions of the Higher Education (Freedom of Speech) Act 2023 will be brought into force, whilst “burdensome” provisions will be scrapped.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

Mental Health Bill – Joint Committee on Human Rights call for evidence – Mental Capacity Law and Policy

‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’

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Mental Capacity Law and Policy, 12th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Legal aid cuts deny parents their human rights, says ex-supreme court president – The Guardian

‘The former president of the supreme court has said parents are being deprived of their human rights by having to fight for contact with their children without lawyers.’

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The Guardian, 5th January 2025

Source: www.theguardian.com

Article 2 Inquests: An Overview and Update – Landmark Chambers

Posted December 19th, 2024 in chambers articles, coroners, human rights, inquests, news by sally

‘In a recent Landmark Chambers Inquest Law webinar, Harriet Wakeman and Katharine Elliot reviewed the core principles of Article 2 of the European Convention on Human Rights (“the Convention”) and how it is applied in the area of inquest law, including reflecting on lessons to be learned from the latest case law. This blog builds on the content of that webinar with the aim of providing practitioners and members of the public with a more detailed overview of the topic.’

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Landmark Chambers, 29th November 2024

Source: www.landmarkchambers.co.uk

No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches – EIN Blog

Posted December 16th, 2024 in delay, human rights, immigration, ministers' powers and duties, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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EIN Blog, 13th December 2024

Source: www.ein.org.uk

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by tracey

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk