Category: human rights

In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

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Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

City firms face massive disclosure challenge after privilege ruling – Litigation Futures

Posted August 18th, 2014 in banking, costs, disclosure, documents, fraud, human rights, law firms, legal profession, news, privilege, solicitors by tracey

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

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Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

Posted August 18th, 2014 in armed forces, constitutional law, crimes against humanity, EC law, fees, human rights, immigration, inquiries, internet, interpretation, Israel, joint enterprise, judges, malicious communications, news, pensions by tracey

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

Posted August 18th, 2014 in care orders, children, disclosure, families, family courts, human rights, jurisdiction, local government, news, reporting restrictions by tracey

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

British arms sales to Israel face high court challenge – The Guardian

Posted August 18th, 2014 in EC law, export controls, human rights, international law, Israel, judicial review, news, weapons by tracey

‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’

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The Guardian, 16th August 2014

Source: www.guardian.co.uk

Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

Posted August 15th, 2014 in assets recovery, banking, disclosure, human rights, news, privacy, privilege, sentencing, solicitors by tracey

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

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UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

Posted August 14th, 2014 in contempt of court, deceit, disclosure, human rights, news, perjury, privacy, privilege, self-incrimination by sally

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

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Legal Week, 13th August 2014

Source: www.legalweek.com

Veto of human rights rulings will damage Britain’s stance on Iraq, Dominc Grieve warns – Daily Telegraph

Posted August 13th, 2014 in elections, human rights, international relations, news, prisons, veto by sally

‘Dominic Grieve warns that a veto on European Court of Human Rights rulings would be a ‘disaster’ and would would place Britain in ‘great difficulty in terms of our international standing on human rights’.’

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Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

European court says UK ban on prisoners voting ‘breaches their human rights’ – but won’t grant them compensation – The Independent

Posted August 13th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Britain’s blanket ban denying all prisoners the vote is a breach of human rights, European judges have ruled – but those jailed will not receive any costs or compensation.’

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The Independent, 12th August 2014

Source: www.independent.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

Posted August 12th, 2014 in Court of Protection, deprivation of liberty safeguards, human rights, law reports, mental health by sally

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience – Speech by Lord Neuberger

Posted August 12th, 2014 in human rights, judges, judiciary, news, speeches by sally

The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience (PDF)

Lord Neuberger

Supreme Court of Victoria, Melbourne, 8th August 2014

Source: www.supremecourt.uk

UK prisoners denied the vote should not be paid compensation, ECHR rules – The Guardian

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European court of human rights (ECHR) has ruled that prisoners who have not been allowed to vote should not be paid compensation.’

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The Guardian, 12th August 2014

Source: www.guardian.co.uk

Strasbourg payout ruling due on jail vote ban – BBC News

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European Court of Human Rights (ECHR) is due to rule on whether prisoners who have been denied the vote should get compensation.’

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BBC News, 12th August 2014

Source: www.bbc.co.uk

M v Times Newspapers Ltd and others – WLR Daily

Posted August 11th, 2014 in anonymity, child abuse, confidentiality, disclosure, freedom of expression, human rights, injunctions, law reports, media, privacy, public interest by sally

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

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Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

Top judge authorises court to cover legal aid in challenge to government – The Guardian

Posted August 7th, 2014 in budgets, families, family courts, HM Courts Service, human rights, judges, legal aid, Ministry of Justice, news by sally

‘One of the most senior judges in England and Wales has thrown down a direct challenge to the government over legal aid by suggesting courts spend money in defiance of Ministry of Justice cuts to ensure justice is done.’

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The Guardian, 6th August 2014

Source: www.guardian.co.uk

What is the future for UK human rights? – Garden Court Chambers Blog

Posted August 6th, 2014 in constitutional law, human rights, international relations, news by sally

‘Human Rights analysis: What does the future hold for human rights in the UK? Stephanie Harrison QC at Garden Court Chambers warns repealing the Human Rights Act 1998 (HRA 1998) would be a seriously retrograde step, that would reverberate around the world.’

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Garden Court Chambers Blog, 6th August 2014

Source: www.gclaw.wordpress.com

Appeal court backs publication of arrest names – Law Society’s Gazette

Posted August 6th, 2014 in anonymity, appeals, disclosure, human rights, injunctions, media, news, privacy, public interest, sexual grooming, sexual offences, Supreme Court by sally

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk