‘The wife of a convicted terrorist, who was prosecuted after refusing to submit to a police interrogation, has lost her human rights case in the Supreme Court.’
BBC News, 22nd July 2015
Source: www.bbc.co.uk
‘How does the decision in DSD and another further our understanding of the police’s duty to investigate? Steven Walmsley, a solicitor at Broudie Jackson Canter, explores the police’s duty in light of the Court of Appeal’s decision.’
Halsbury’s Law Exchange, 22nd July 2015
Source: www.halsburyslawexchange.co.uk
‘The pre-April 2013 Conditional Fee Agreement system, under which claimants could recover uplifts on their costs and their insurance premiums from defendants, has survived – just. It received a sustained challenge from defendants to the effect that such a system was in breach of their Article 6 rights to a fair trial.’
UK Human Rights Blog, 22nd July 2015
Source: www.ukhumanrightsblog.com
‘A legal challenge against the Metropolitan Police by The Sun newspaper – where three reporters say their human rights were breached during the ‘plebgate’ affair – has started at the High Court.’
The Independent, 20th July 2015
Source: www.independent.co.uk
‘As we contemplate the potential demise of the Human Rights Act 1998 in the UK (in no small part due to the decision in Hirst (No2) and its domestic application) it is worth considering what all this means for the protection of prisoners’ human rights in our domestic sphere, and the potential of either the courts or our democratic processes to recognise them.’
UK Constitutional Law Association, 20th July 2015
Source: www.ukconstitutionallaw.org/blog
‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin) – read original judgment and [2015] EWHC 2041 (Admin), 17 July 2015. On 19 June 2015, Green J ruled that an exception to copyright infringement for private use was unlawful, at common law, because of flaws in the consultation process which had preceded its enactment.’
UK Human Rights Blog, 19th July 2015
Source: www.ukhumanrightsblog.com
‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’
UK Human Rights blog, 19th july 2015
Source: www.ukhumanrightsblog.com
‘A man with locked-in syndrome has lost a High Court battle over guidelines which prevent doctors from assisting patients to end their lives.’
BBC News, 20th July 2015
Source: www.bbc.co.uk
‘Some of South Africa’s most influential intellectuals and activists have urged David Cameron to reconsider his plans to repeal the Human Rights Act, warning that the move is reminiscent of the mindset that created apartheid.’
The Guardian, 19th July 2015
Source: www.guardian.co.uk
‘High court judges will give their decision on Friday on an accusation that the government has imposed laws which allow the police and security services to “spy on citizens” without proper safeguards.’
The Guardian, 17th July 2015
Source: www.guardian.co.uk
‘The safety net to ensure that vulnerable claimants are provided with legal aid and access to justice does not work, the high court has ruled.’
The Guardian, 15th July 2015
Source: www.guardian.co.uk
‘Cuts to civil legal aid have reduced the amount of “unnecessary and adversarial” litigation while ensuring funding is targeted at those who need it most, the government has said in response to a devastating report on changes to civil legal aid.’
Law Society’s Gazette, 14th July 2015
Source: www.lawgazette.co.uk
‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’
The Independent, 14th July 2015
Source: www.independent.co.uk
Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296
‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’
WLR Daily, 8th July 2015
Source: www.iclr.co.uk
‘Following a period of considered reflection, or laziness depending on one’s view, it is worth noting the decision of the Supreme Court in In the matter of an application by JR38 for Judicial Review [2015] UKSC 42. The case is all about Article 8 ECHR, and is of particular interest because of the dispute about the breadth of the correct test for the engagement of Article 8. The context is also one which will be familiar to English data protection and privacy lawyers: the publication by the police of photographs seeking to identify a suspect. If anyone remembers that famous picture of a youth in a hoodie pointing his fingers like a gun behind an awkward looking David Cameron, JR38 is basically that, but with Molotov cocktails and a sprinkling of sectarian hatred.’
Panopticon, 9th July 2015
Source: www.panopticonblog.com
‘Desmond Rutledge reviews the prospects of the bedroom tax litigation succeeding in the light of the recent Supreme Court judgment in the household benefit cap case.’
Garden Court Chambers Blog, 6th July 2015
Source: www.gclaw.wordpress.com
‘The Court of Appeal has ruled that the police have a positive duty under Article 3 ECHR to conduct investigations into alleged ill-treatment by private individuals. There is a sliding scale from deliberate torture by State officials to the consequences of negligence by non-State agents. The margin of appreciation enjoyed by the State in terms of complying with the Article 3 procedural duty widens at the bottom of the scale but narrows at the top.’
UK Human Rights Blog, 6th July 2015
Source: www.ukhumanrightsblog.com
‘Today, I am delighted to launch a major new RightsInsfo infographic, the 50 Human Rights Cases That Transformed Britain. For the full experience, make sure you access it on a desktop computer.’
UK Human Rights Blog, 26th June 2015
Source: www.ukhumanrightsblog.com
‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’
UK Human Rights Blog, 16th June 2015
Source: www.ukhumanrightsblog.com
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