Category: human rights

In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

Posted May 13th, 2015 in appeals, Court of Protection, disabled persons, human rights, law reports, mental health by sally

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

Lithuanian MPs petition Lords Speaker over child custody case – The Guardian

Posted May 13th, 2015 in children, custody, EC law, human rights, immigration, international relations, legal aid, litigants in person, news by sally

‘A delegation of Lithuanian MPs has written to the House of Lords complaining about the removal of a 12-year-old girl from her mother, alleging that she is being deprived of her cultural inheritance. The letter, sent to the Speaker of the House of Lords, Lady D’Souza, is the second high-profile intervention by a Baltic state in UK care proceedings this year and reflects a growing rift between EU states over practices in custody proceedings.’

Full story

The Guardian, 12th May 2015

Source: www.guardian.co.uk

Regina (Agyarko) v Secretary of State for the Home Department; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2015 in appeals, families, human rights, immigration, law reports, regulations by sally

Regina (Agyarko) v Secretary of State for the Home Departmen; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department: [2015] EWCA Civ 440; [2015] WLR (D) 205

‘Where a party who had overstayed unlawfully and married or formed a relationship with a British citizen sought leave to remain, the “insurmountable obstacles” test as to return under the Immigration Rules was a stringent test and more demanding than a mere test of whether it would be reasonable to expect a couple to continue their family life outside the United Kingdom, although the test was also to be interpreted in a sensible and practical rather than a purely literal way.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

Posted May 11th, 2015 in families, human rights, immigration, law reports, ministers' powers and duties, proportionality, remuneration by sally

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

What is the Human Rights Act and why does Michael Gove want to scrap it? – The Independent

Posted May 11th, 2015 in human rights, news, political parties, treaties by sally

‘The Conservatives’ manifesto says the party wants to scrap the Human Rights Act. David Cameron has appointed Michael Gove, the former education secretary, to be Justice Secretary. This mean he’ll have most of the responsibility for policy over the area.’

Full story

The Independent, 11th May 2015

Source: www.independent.co.uk

Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Why human rights reform could trip up Michael Gove – The Guardian

Posted May 11th, 2015 in bills, human rights, news, political parties by sally

‘Of all the tasks awaiting the new justice secretary – legal aid, building bridges with judges – scrapping the Human Rights Act is by far the trickiest.’
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The Guardian, 11th May 2015

Source: www.guardian.co.uk

Bank Mellat’s $4bn A1P1 claim gathers pace – UK Human Rights Blog

Posted May 11th, 2015 in banking, damages, human rights, news, proportionality, terrorism by sally

‘Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations. Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.’
Full story

UK Human Rights Blog, 9th May 2015

Source: www.ukhumanrightsblog.com

Conservative manifesto commitments on immigration, the EU and human rights – Free Movement

Posted May 11th, 2015 in EC law, freedom of movement, human rights, immigration, news, political parties by sally

‘Standing at the door to No 10, David Cameron stated that he would form a majority government and implement the Conservative Party manifesto “in full”. The moderating influence of the Liberal Democrats has been extinguished. The nationalist isolationism of the Scots and the SNP renders them irrelevant in UK politics for the next five years. Meanwhile, the disaffected UKIP vote wounded Labour, not the Conservatives, piling pressure on the next Labour leader to address UKIP concerns more directly than Ed Miliband. What does all this mean for immigration law over the next five years?’

Full story

Free Movement, 8th May 2015

Source: www.freemovement.org.uk

Michael Gove to proceed with Tories’ plans to scrap human rights act – The Guardian

Posted May 11th, 2015 in bills, human rights, news, political parties, treaties by sally

‘Michael Gove, the new justice secretary, is to press ahead with plans to scrap the Human Rights Act which could see Britain pull out of the European convention on human rights (ECHR) if the reforms are rejected by Strasbourg.’

Full story

The Guardian, 10th May 2015

Source: www.guardian.co.uk

Benedict Douglas: Why Human Rights Have Not Been Accepted in the UK – UK Constitutional Law Association

Posted May 6th, 2015 in constitutional law, human rights, news by sally

‘The major modern and historic human rights documents recognise human rights as inalienably and universally attaching to individuals by virtue of their humanity. However, this justification for rights possession in dignity or any other foundational human characteristic is absent from the Human Rights Act 1998 (HRA). This lack of recognition of a deeper fundamental basis for Convention rights underlies both the euro-sceptic and party political hostility to rights in the UK, and the lack of ownership of rights amongst the public recognised by the Commission on a Bill of Rights. If the conception of human rights accepted and respected within the UN rights documents it to take root in the UK, our courts or a new Bill of Rights must recognise a moral, more fundamental, justification for human rights.’

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UK Constitutional Law Association, 5th May 2015

Source: www.ukconstitutionallaw.org

What amounts to a “human rights claim” generating a new right of appeal? – Free Movement

Posted April 30th, 2015 in appeals, human rights, immigration, interpretation, news, tribunals by sally

‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’

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Free Movement, 29th April 2015

Source: www.freemovement.org.uk

JUSTICE proposes lawyer-free dispute resolution model – Legal Voice

Posted April 29th, 2015 in dispute resolution, human rights, legal aid, legal representation, news, rule of law by sally

‘A new dispute resolution model ‘minimising the need for lawyers’ for a justice system ‘reeling from the impact of ongoing state retrenchment’, has been proposed by the Human rights group JUSTICE. In a new report (Delivering Justice in an Age of Austerity) the human rights group argues that the assumption that people will be legally represented post-LASPO is redundant.’

Full story

Legal Voice, 28th April 2015

Source: www.legalvoice.org.uk

Fewer barriers for women in judiciary than the bar – LCJ – Law Society’s Gazette

Posted April 29th, 2015 in barristers, equality, human rights, judiciary, legal aid, news, women by sally

‘The barrier to women progressing further in the judiciary has gone, but more needs to be done to remove the glass ceiling at the bar, the lord chief justice said last night.’

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Law Society’s Gazette, 28th April 2015

Source: www.lawgazette.co.uk

Assisted suicide review granted by High Court judges – BBC News

Posted April 29th, 2015 in assisted suicide, disabled persons, human rights, news, prosecutions by sally

‘Disability rights campaigners who say assisted suicide policy in England and Wales is too “liberal” have won permission to bring a legal challenge.’

Full story

BBC News, 28th April 2015

Source: www.bbc.co.uk

UK intelligence tribunal to rule on surveillance case – The Guardian

Posted April 29th, 2015 in confidentiality, human rights, intelligence services, investigatory powers, Libya, news, tribunals, whistleblowers by sally

‘A tribunal that hears complaints against the UK intelligence services is due to rule in a major state surveillance case on the confidentiality of conversations between lawyers and their clients.’

Full story

The Guardian, 29th April 2015

Source: www.guardian.co.uk

Foreign criminal can stay in Britain because he is an alcoholic – Daily Telegraph

Posted April 28th, 2015 in alcoholism, deportation, human rights, immigration, news, recidivists, tribunals by sally

‘A persistent offender from Libya cannot be deported because he would face severe punishment for drinking in his homeland, immigration court rules.’

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Daily Telegraph, 27th April 2015

Source: www.telegraph.co.uk

UK housing crisis ‘in breach of human rights’ – The Guardian

Posted April 28th, 2015 in charities, housing, human rights, news, rent, reports by sally

‘The UK is in breach of its own United Nations human rights commitment to provide people with adequate homes because the housing crisis is so serious, a consortium of leading housing charities has warned. They cite soaring housing rental costs, unhealthy conditions in homes, and rising levels of homelessness and warn of “profound issues of lack of supply, increasing housing costs, lack of security of tenure and homes of such poor quality that they are unfit for habitation”.’

Full story

The Guardian, 28th April 2015

Source: www.guardian.co.uk

Birth certificate cannot be retrospectively changed to reflect father’s gender reassignment – UK Human Rights Blog

Posted April 24th, 2015 in birth certificates, human rights, news, privacy by sally

‘This case concerned the rights of transgender women, and their families, in particular the right to keep private the fact that they are transgender.’

Full story

UK Human Rights Blog, 23rd April 2015

Source: www.ukhumanrightsblog.com