‘The battle to save the Human Rights Act takes to the streets this week with crowdfunded billboards focusing on those who have used the legislation to obtain justice.’
The Guardian, 19th October 2015
Source: www.guardian.co.uk
‘What is the role of parliament in the protection and realisation of the rule of law and human rights? Should there be a set of internationally agreed principles and guidelines on this issue to help parliaments develop their role? If so, what should be the content of any internationally agreed principles and guidelines? And how do we get international agreement on them? These were some of the questions posed and addressed at a recent high-level international conference held last month at Westminster. ‘
UK Human Rights Blog, 14th October 2015
Source: www.ukhumanrightsblog.com
‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’
Panopticon, 16th October 2015
Source: www.panopticonblog.com
‘The Supreme Court has held that the continuation of a prisoner’s solitary confinement for safety reasons was not authorised under domestic rules and incompatible with the right to private life under Article 8 of the European Convention on Human Rights (“ECHR”).’
UK Human Rights Blog, 15th October 2015
Source: www.ukhumanrightsblog.com
‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’
Free Movement, 13th October 2015
Source: www.freemovement.org.uk
‘Any person over the age of 18 who is convicted of a criminal offence after 15 April 2015 will find that they have to pay “relevant court costs” (or criminal courts charge) in addition to a number of other payments.’
Halsbury’s Law Exchange, 14th October 2015
Source: www.halsburyslawexchange.co.uk
‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’
The Guardian, 13th October 2015
Source: www.guardian.co.uk
‘Government proposals to legally require landlords to check the immigration status of their tenants risk a serious breach of human rights, an official watchdog has warned.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘The government’s offer to take in 20,000 Syrian refugees over five years is far “too low, too slow and too narrow”, according to a statement published by 300 senior lawyers, former law lords and retired judges.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392
‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’
WLR Daily, 28th September 2015
Source: www.iclr.co.uk
‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’
WLR Daily, 30th September 2015
Source: www.iclr.co.uk
‘UK judges are refusing to extradite an alleged American paedophile, who has been on the run from the FBI since 2007, until they receive assurances that his human rights will not be breached.’
The Guardian, 7th October 2015
Source: www.guardian.co.uk
‘There has been further consideration of potential post-adoption Article 8 rights for natural parents in a judgment by Peter Jackson J in the case of Seddon v Oldham MBC. There are no surprises in the conclusions he reaches.’
UK Human Rights Blog, 6th October 2015
Source: www.ukhumanrightsblog.com
‘A gay man has lost his appeal court bid to win his husband the same pension rights a wife would enjoy if he was in a heterosexual relationship.’
The Guardian, 6th October 2015
Source: www.guardian.co.uk
‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’
BBC News, 6th October 2015
Source: www.bbc.co.uk
‘Britain’s blanket ban on prisoners being allowed to vote is expected to be ruled unlawful on Tuesday morning by the EU’s highest court, challenging David Cameron’s long defiance of similar human rights rulings.’
The Guardian, 6th October 2015
Source: www.guardian.co.uk
‘How far are the courts willing to go to intervene in matters of foreign affairs in order to protect human rights? Spoiler: they’re not.’
UK Human Rights Blog, 2nd October 2015
Source: www.ukhumanrightsblog.com
‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’
The Guardian, 3rd October 2015
Source: www.guardian.co.uk
Seddon v Oldham Metropolitan Borough Council; [2015] EWHC 2609 (Fam); [2015] WLR (D) 388
‘The making of an adoption order always brought to an end pre-existing rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as between a birth parent and an adopted child, since those rights arose from, and co-existed with, the parent-child relationship which was extinguished by adoption. Furthermore, section 51A of the 2002 Act, as inserted, did not create or maintain an article 8 right as between a birth parent and an adopted child, nor was section 51A(4) incompatible with the Convention. However, a public body running a post-adoption letterbox service was obliged under article 8 to respect correspondence between a birth parent and an adopted child and adopters, the obligation arising from the nature of the correspondence and not from the former parent-child relationship.’
WLR Daily, 14th September 2015
Source: www.iclr.co.uk
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