‘Police chiefs have won a court battle against a 90-year-old peace activist fighting to have his personal details removed from an extremism database.’
BBC News, 4th March 2015
Source: www.bbc.co.uk
Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96
‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’
Law Society’s Gazette, 2nd March 2015
Source: www.lawgazette.co.uk
‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’
Daily Telegraph, 1st March 2015
Source: www.telegraph.co.uk
‘Traveller Movement v Ofcom and Channel 4, [2015] EWHC 406 (Admin), 20 February 2015. One of the nation’s great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision-making of the media regulator.’
UK Human Rights Blog, 26th February 2015
Source: www.ukhumanrightsblog.com
‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’
The Independent, 25th February 2015
Source: www.independent.co.uk
‘On 30 January 2015 Mr Justice Keehan handed down his judgment in Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam). It is another case where the Local Authority having breached parties Articles 6 and 8 rights in care proceedings the court awarded damages within care proceedings.’
The World of Family Law (Garden Court Chambers), 23rd February 2015
Source: www.gcfamily.wordpress.com
‘More bereaved families will be entitled to legal aid at inquests after a high court judge ruled that official guidance on whether to provide support was “misleading and inaccurate”.’
The Guardian, 20th February 2015
Source: www.guardian.co.uk
‘Hundreds of deaths in psychiatric units, prisons and police cells between 2010 and 2013 were avoidable and were caused by repeated “basic errors” by staff ignorant of mental-health risks, human rights advocates have said.’
The Independent, 23rd February 2015
Source: www.independent.co.uk
‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76
‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74
‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’
WLR Daily, 11th February 2015
Source: www.iclr.co.uk
‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’
The Guardian, 18th February 2015
Source: www.guardian.co.uk
In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60
‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
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