Analysis: Why can’t we sue the police for negligence? – BBC News
‘You call the police in your moment of need and they don’t turn up until it’s too late.’
BBC News, 28th January 2015
Source: www.bbc.co.uk
Category: human rights
Elderly man ‘held prisoner’ in care home – Daily Telegraph
‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’
Daily Telegraph, 28th January 2015
Source: www.telegraph.co.uk
Elashmawy v Court of Brescia, Italy – WLR Daily
Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15
‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 16th January 2015
Source: www.iclr.co.uk
David Hart QC: TTIP – more ‘foreign’ judges critising ‘our’ laws? – UK Human Rights Blog
‘TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. ‘
UK Human Rights Blog, 23rd January 2015
Source: www.ukhumanrightsblog.com
Mass surveillance is fundamental threat to human rights, says European report – The Guardian
‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’
The Guardian, 26th January 2015
Source: www.guardian.co.uk
Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog
‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’
UK Human Rights Blog, 22nd January 2015
Source: www.ukhumanrightsblog.com
Strip-searched girl’s family sues Merseyside police – The Guardian
‘A teenager who was forcibly strip-searched is suing Merseyside police for alleged mistreatment, as more and more children are subjected to the practice.’
The Guardian, 22nd January 2015
Source: www.guardian.co.uk
Eric Pickles ‘breached’ Green Belt Gypsies’ human rights – BBC News
‘Communities Secretary Eric Pickles “unlawfully discriminated” against Romany Gypsies wanting pitches in the Green Belt, the High Court has ruled.’
BBC News, 21st January 2015
Source: www.bbc.co.uk
Rejection of visit visa to attend funeral: analysis – Free Movement
‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’
Free Movement, 20th January 2015
Source: www.freemovement.org.uk
Doctor accused of child rape in US overturns extradition bid – Daily Telegraph
‘British court rules extradition of 48-year-old Tobias Bowen would breach human rights because he faces an “indefinite” sentence if convicted of sex crimes in New York.’
Daily Telegraph, 20th January 2015
Source: www.telegraph.co.uk
Terror suspects and criminals to be stripped of human rights – Daily Telegraph
‘The draft bill, to replace the Human Rights Act, would allow British judges to ignore the European Court of Human Rights’
Daily Telegraph, 20th January 2015
Source: www.telegraph.co.uk
Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog
‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’
UK Human Rights Blog, 19th January 2015
Source: www.ukhumanrightsblog.com
Plans to restrict judicial review face further concessions – The Guardian
‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’
The Guardian, 13th January 2015
Source: www.guardian.co.uk
A worrying new anti-terror law is sneaking through Parliament – The Guardian
‘As the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.’
The Guardian, 9th January 2015
Source: www.guardian.co.uk
Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures
‘The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.’
Litigation Futures, 9th January 2015
Source: www.litigationfutures.com
Monitoring of sex offenders by home visits does not breach human rights – Court of Appeal – UK Human Rights Blog
‘The law governing the monitoring of sex offenders, allowing police officers to visit the homes of registered offenders, did not constitute an unlawful interference with the offenders’ privacy rights under Article 8 of the ECHR.’
UK Human Rights Blog, 7th January 2015
Source: www.ukhumanrightsblog.com
Gypsies and Travellers: “A litmus test not of democracy but of civil society” – No. 5 Chambers
‘“[T]here is force in the observation attributed to Václav Havel, no doubt informed by the dire experience of central Europe: “The Gipsies are a litmus test not of democracy but of civil society”.” So said Lord Bingham of Cornhill in the House of Lords in South Buckinghamshire DC v Porter (No 1).’
No. 5 Chambers, 18th December 2014
Source: www.no5.com
Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers – WLR Daily
‘The College of Policing guidance relating to post-incident management of investigations into deaths that followed the use of force by police officers met the procedural requirements of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was lawful.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily
‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’
WLR Daily, 15th December 2014
Source: www.iclr.co.uk
How to make family hearings fair – UK Human Rights Blog
‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’
UK Human Rights Blog, 5th January 2015
Source: www.ukhumanrightsblog.com
