human rights – Page 115 – Current Awareness

Rejection of visit visa to attend funeral: analysis – Free Movement

Posted January 21st, 2015 in accidents, bereavement, children, documents, evidence, families, freedom of movement, human rights, news, road traffic, visas, Zimbabwe by sally

‘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”.’

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Free Movement, 20th January 2015

Source: www.freemovement.org.uk

Doctor accused of child rape in US overturns extradition bid – Daily Telegraph

Posted January 21st, 2015 in bail, children, doctors, extradition, fugitive offenders, human rights, news, rape by sally

‘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.’

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Daily Telegraph, 20th January 2015

Source: www.telegraph.co.uk

Terror suspects and criminals to be stripped of human rights – Daily Telegraph

Posted January 20th, 2015 in bills, deportation, human rights, news, terrorism by sally

‘The draft bill, to replace the Human Rights Act, would allow British judges to ignore the European Court of Human Rights’

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Daily Telegraph, 20th January 2015

Source: www.telegraph.co.uk

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by sally

‘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.’

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UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com

Plans to restrict judicial review face further concessions – The Guardian

Posted January 14th, 2015 in bills, disciplinary procedures, human rights, judicial review, news by sally

‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

A worrying new anti-terror law is sneaking through Parliament – The Guardian

Posted January 12th, 2015 in bills, human rights, intelligence services, internet, investigatory powers, news, passports, privacy, search & seizure, terrorism by sally

‘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.’

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The Guardian, 9th January 2015

Source: www.guardian.co.uk

Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures

Posted January 12th, 2015 in appeals, banking, child abuse, costs, fees, fraud, human rights, injunctions, news, Supreme Court by sally

‘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.’

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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

Posted January 8th, 2015 in appeals, human rights, news, police, sexual offences by sally

‘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.’

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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

Posted January 6th, 2015 in equality, housing, human rights, news, planning, race discrimination, travellers by sally

‘“[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).’

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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

Posted January 6th, 2015 in appeals, complaints, human rights, law reports, police by sally

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers [2014] EWCA Civ 1635; [2014] WLR (D) 560

‘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

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘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

Posted January 6th, 2015 in children, cross-examination, families, human rights, legal representation, litigants in person, news, sexual offences, trials by sally

‘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.’

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UK Human Rights Blog, 5th January 2015

Source: www.ukhumanrightsblog.com

Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

High Court: barrister has arguable discrimination claim against BSB – Legal Futures

Posted December 19th, 2014 in barristers, disciplinary procedures, human rights, limitations, misfeasance in public office, news, race discrimination by sally

‘A black barrister had an arguable case that she was indirectly discriminated against by the Bar Standards Board (BSB) through its disciplinary procedures, the High Court ruled yesterday.’

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Legal Futures, 19th December 2014

Source: www.legalfutures.co.uk

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Posted December 19th, 2014 in human rights, judicial review, law reports, police, powers of entry, proportionality, sexual offences, warrants by sally

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) [2014] UKSC 67; [2014] WLR (D) 544

‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers

Posted December 18th, 2014 in appeals, civil justice, courts, criminal justice, human rights, judicial review, news, rule of law by sally

‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’

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No. 5 Chambers, 16th December 2014

Source: www.no5.com

Regina (Gordon-Jones) v Secretary of State for Justice and another – WLR Daily

Posted December 18th, 2014 in education, human rights, law reports, prisons, rehabilitation by sally

Regina (Gordon-Jones) v Secretary of State for Justice and another [2014] EWHC 3997 (Admin); [2014] WLR (D) 528

‘Prison Service Instruction (“PSI”) 30/2013 was unlawful in so far as it included books as earnable within the Incentives and Earned Privileges Scheme and excluded them from items that could be sent to or received by prisoners.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk