Category: human rights

Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

Human Rights through the ages: Magna Carta and 7 key moments since 1215 – Halsbury’s Law Exchange

Posted April 22nd, 2015 in constitutional history, human rights, legal history, magna carta, news by sally

‘2015 is the 800th anniversary of English law’s most momentous landmark – the signing of Magna Carta. For the first time, the king’s absolute rule was limited and the first step taken towards civil liberties and individual rights for all.’

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Halsbury’s Law Exchange, 21st April 2015

Source: www.halsburyslawexchange.co.uk

1948 Malayan killings case reaches UK Supreme Court – BBC News

Posted April 22nd, 2015 in appeals, armed forces, colonies, firearms, homicide, human rights, inquiries, news, Supreme Court by sally

‘Relatives of 24 men killed by British troops in Malaya in 1948 will take their demands for a public inquiry to the Supreme Court later.’

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BBC News, 22nd April 2015

Source: www.bbc.co.uk

Transgender father loses court battle over children’s birth certificates – Daily Telegraph

Posted April 21st, 2015 in birth certificates, children, documents, human rights, news, sex discrimination by sally

‘She claimed it was discrimination and a breach of her human right to respect for her private and family life not to take the description ‘father’ off the children’s birth certificates.’

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Daily Telegraph, 21st April 2015

Source: www.telegraph.co.uk

Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Posted April 20th, 2015 in armed forces, compensation, death in custody, human rights, Iraq, judicial review, jurisdiction, law reports, statutory duty, torture by sally

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

News focus: law and justice pledges – Law Society’s Gazette

Posted April 20th, 2015 in budgets, civil justice, confidentiality, courts, criminal justice, devolution, domestic violence, elections, family courts, fees, freedom of information, human rights, interception, internet, investigatory powers, judicial review, jurisdiction, legal aid, news, police, political parties, probation, prosecutions, sexual offences, Supreme Court, telecommunications, terrorism, victims, Wales by sally

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

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Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

European Court backs UK-Lithuania extradition – BBC News

Posted April 17th, 2015 in extradition, human rights, mental health, murder, news by sally

‘A Lithuanian man accused of serious offences including murders has lost his attempt to persuade the European Court of Human Rights to stop his extradition from the UK.’

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BBC News, 16th April 2015

Source: www.bbc.co.uk

R (on the application of SG and others ) v Secretary of State for Work and Pensions – Supreme Court

Posted April 14th, 2015 in appeals, benefits, housing, human rights, law reports, regulations, sex discrimination, Supreme Court by sally

R (on the application of SG and others ) v Secretary of State for Work and Pensions [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Posted April 8th, 2015 in appeals, civil procedure rules, confidentiality, damages, data protection, human rights, internet, interpretation, jurisdiction, law reports, misuse of private information, personal injuries, privacy, service out of jurisdiction by sally

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Tower Hamlets London Borough Council v M and others – WLR Daily

Posted April 8th, 2015 in children, family courts, freedom of movement, human rights, Islam, law reports, local government, passports, terrorism, wardship by sally

Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155

‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

On fairness, elephants and principle – UK Human Rights Blog

Posted April 7th, 2015 in appeals, EC law, human rights, news, Supreme Court, terrorism by sally

‘Procedural fairness is a bit like an elephant. It is difficult to define in abstract, but you know a fair procedure when you see one. So Lawton LJ put it in Maxwell v Department of Trade [1974] QB 523, 539’

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UK Human Rights Blog, 2nd April 2015

Source: www.ukhumanrightsblog.com

Nigerian gay rights activist has her High Court asylum bid rejected – because judge doesn’t believe she is lesbian – The Independent

Posted April 7th, 2015 in appeals, asylum, deportation, homosexuality, human rights, immigration, mental health, news by sally

‘A Nigerian gays right activist who fears imprisonment and death because of her sexuality has had her case for asylum rejected by the High Court – after a judge ruled that she was pretending to be lesbian.

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The Independent, 3rd April 2015

Source: www.independent.co.uk

Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

Posted April 2nd, 2015 in construction industry, contracts, dispute resolution, human rights, news, regulations by sally

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

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39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

The Supreme Court on statelessness, EU citizenship and proportionality – UK Human Rights Blog

Posted April 2nd, 2015 in appeals, citizenship, EC law, human rights, news, proportionality, Supreme Court, treaties by sally

‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

Posted April 1st, 2015 in benefits, disability discrimination, disabled persons, equality, housing, human rights, judicial review, local government, news by sally

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

Posted April 1st, 2015 in advertising, appeals, compensation, consent, damages, data protection, human rights, internet, interpretation, jurisdiction, news, personal injuries by sally

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

War inside the court room – UK Human Rights Blog

Posted March 31st, 2015 in armed forces, foreign jurisdictions, human rights, Iraq, news, war by sally

‘The High Court has ruled that the ECHR applies to situations where Iraqi civilians were shot during security operations conducted by British soldiers. When taken together with the parallel cases being brought against the MOD for breach of its Article 2 obligations towards its own soldiers, it appears increasingly likely that any operation undertaken by the British Army in the future will lead to legal challenges being brought against almost every aspect of its actions pre, during and post any use of military force.’

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UK Human Rights Blog, 29th March 2015

Source: www.ukhumanrightsblog.com

Disability discrimination goes to full trial – Nearly Legal

Posted March 30th, 2015 in appeals, burden of proof, disability discrimination, equality, housing, human rights, landlord & tenant, local government, mental health, news, Supreme Court by sally

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

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Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

‘Human rights law has no place on the battlefield’ – Policy exchange report – The Guardian

Posted March 30th, 2015 in armed forces, human rights, negligence, news, Supreme Court, war by sally

‘Britain should withdraw from the European convention on human rights during wartime because troops cannot fight under the yoke of “judicial imperialism”, according to a centre-right thinktank.’

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The Guardian, 30th March 2015

Source: www.guardian.co.uk

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

Posted March 26th, 2015 in appeals, benefits, human rights, law reports, regulations, sex discrimination, social security, Supreme Court by sally

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt