What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

The UK Human Rights Act – OUT-LAW.com

Posted November 15th, 2023 in human rights, news by sally

‘The Human Rights Act 1998 incorporates rights contained in the European Convention on Human Rights (ECHR) into UK national law. This means that they can be used to challenge the actions and decisions of governments and public bodies in the UK courts.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

How will recent and future legislation affect the right to protest in the UK? – The Guardian

Posted November 14th, 2023 in demonstrations, human rights, news, proscribed organisations, public order by sally

‘We examine the myriad of current laws and others being proposed to curb different types of protests and activism.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association

Posted November 7th, 2023 in constitutional law, government departments, human rights, judiciary, news by sally

‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’

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UK Constitutional Law Association, 7th November 2023

Source: ukconstitutionallaw.org

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by tracey

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer

‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

Sunak to push ahead with delayed ban on gay and trans conversion practices – The Guardian

‘Rishi Sunak will push ahead with long-delayed plans to ban gay and trans conversion practices after Conservative whips warned MPs could rebel if they failed to do so.’

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The Guardian, 19th October 2023

Source: www.theguardian.com

Conversion therapy: Equality watchdog calls for ban – BBC News

‘Britain’s equality watchdog has called on the government to ban “harmful” conversion-therapy practices.’

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BBC News, 17th October 2023

Source: www.bbc.co.uk

Israel-Hamas war: what are the laws about protest in England and Wales? – The Guardian

‘Police have made dozens of arrests after protests across the UK against a bombing campaign and expected ground war in Gaza after the murderous attacks by Hamas in Israel.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference – Crown Prosecution Service

Posted October 11th, 2023 in Crown Prosecution Service, human rights, news, speeches by tracey

‘Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference.’

Full speech

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Crown Prosecution Service, 6th October 2023

Source: www.cps.gov.uk

Dangerous use of force, failure of safeguards and culture of dehumanisation – Brook House Inquiry report finds 19 instances of inhumane or degrading treatment – Garden Court Chambers

‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’

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Garden Court Chambers, 19th September 2023

Source: www.gardencourtchambers.co.uk

How UK plan to send asylum seekers to Rwanda ended up before supreme court – The Guardian

‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

High Court rules on legal challenge to Government’s Storm Overflow Discharge Reduction Plan – Garden Court Chambers

Posted October 5th, 2023 in chambers articles, environmental protection, human rights, news, water by sally

‘In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan).’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com