‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’
UK Human Rights Blog, 15th July 2014
Source: www.ukhumanrightsblog.com
‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’
UK Human Rights Blog, 13th July 2014
Source: www.ukhumanrightsblog.com
‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily 11th July 2014
Source: www.iclr.co.uk
‘A legal battle has been launched by an Ethiopian citizen who claims the UK has helped to fund a “brutal” resettlement programme in his country. The man, who can only be referred to as “O”, won permission to seek a judicial review at London’s High Court. He wants a ruling that the UK acted unlawfully by providing aid to Ethiopia without assessing its human rights record.’
BBC News, 14th July 2014
Source: www.bbc.co.uk
‘An alleged victim of historical child abuse has instructed lawyers over his intention to take legal action, claiming the Government is in breach of its obligations to victims of abuse. The victim, who has asked not to be named for legal reasons, believes the government has not lived up to Article 8 of the European Convention on Human Rights, which guarantees respect for home life. Had it done so, it is claimed, many more victims would have come forward to assist the police. The victim is an alleged survivor of child abuse at Grafton Close, a care home run by Richmond Borough Council in south-west London.’
The Independent, 13th July 2014
Source: www.independent.co.uk
‘A foreign sex offender has been allowed to remain in Britain because of his “right to family life” with his two young children, even though they are about to be adopted.’
Daily Telegraph, 13th July 2014
Source: www.telegraph.co.uk
‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’
UK Human Rights Blog, 10th July 2014
Source: www.ukhumanrightsblog.com
‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’
UK Human Rights Blog, 8th July 2014
Source: www.ukhumanrightsblog.com
‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’
Family Law Week, 7th July 2014
Source: www.familylawweek.co.uk
‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’
UK Human Rights Blog, 4th July 2014
Source: www.ukhumanrightsblog.com
‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’
Halsbury’s Law Exchange, 7th July 2014
Source: www.halsburyslawexchange.co.uk
‘A mother of three who fled her husband in the US has been extradited from the UK on charges of kidnapping her children, campaigners have said.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’
Gresham College, 26th June 2014
Source: www.gresham.ac.uk
Supreme Court, 2nd July 2014
‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’
Legal Aid Handbook, 1st July 2014
Source: www.legalaidhandbook.com
‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’
UK Human Rights Blog, 1st July 2014
Source: www.ukhumanrightsblog.com
‘Since 1969 no convicted prisoner in the UK has been allowed to vote. This prohibition was imposed, without debate, by the Representation of the People Act 1969. For two years before that there was no statutory bar to prisoners voting by post, albeit that there were, in many cases, administrative restrictions that prevented them from doing so.’
Halsbury’s Law Exchange, 30th June 2014
Source: www.halsburyslawexchange.co.uk
‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’
Judiciary of England & Wales, 26th June 2014
Source: www.judiciary.gov.uk
‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’
Source: www.iclr.co.uk
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