Category: human rights

Alexander Horne and Oonagh Gay: Ending the Hamilton Affair? – UK Constitutional Law Association

Posted May 22nd, 2014 in bills, constitutional law, defamation, freedom of expression, human rights, news, parliamentary privilege by sally

‘Article 9 of the Bill of Rights 1689 has been the subject of a variety of legal challenges. The Article, which provides (in modern parlance) that: “the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament” is usually considered to be a fundamental feature of the constitution and a cornerstone of parliamentary privilege.’

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UK Constitutional Law Association, 21st May 2014

Source: www.ukconstitutionallaw.org

Article 8 and night-time care – NearlyLegal

Posted May 22nd, 2014 in disabled persons, human rights, local government, news, social services by sally

‘The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms McDonald, except for a period from November 2008 to November 2009, when her care needs were not met.’


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NearlyLegal, 21st May 2014

Source: www.nearlylegal.co.uk

The Common Law and the Spirit of Kennedy – Panopticon

Posted May 21st, 2014 in appeals, Charity Commission, disclosure, freedom of information, human rights, judicial review, news, Supreme Court by tracey

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

Posted May 21st, 2014 in abuse of process, appeals, extradition, extraterritoriality, human rights, judicial review, news, sentencing, terrorism by tracey

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

Posted May 21st, 2014 in budgets, carers, disabled persons, elderly, families, human rights, local government, news, privacy, proportionality by tracey

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

Posted May 21st, 2014 in age discrimination, appeals, child abuse, compensation, criminal injuries compensation, equality, human rights, news by tracey

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

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Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Prisoners to challenge indeterminate sentences at UK supreme court – The Guardian

Posted May 19th, 2014 in appeals, human rights, news, prisons, rehabilitation, sentencing, statistics, Supreme Court by sally

‘The supreme court will hear a challenge by four offenders on Monday who allege that indeterminate sentences infringe the rights of prisoners if they are unable to get on to rehabilitative courses.

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The Guardian, 19th May 2014

Source: www.guardian.co.uk

Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

Posted May 17th, 2014 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, families, human rights, local government, news by sally

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

Posted May 14th, 2014 in appeals, deportation, drug offences, families, human rights, immigration, interpretation, news, Supreme Court by sally

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Legal complaint filed against GCHQ ‘hacking’ – BBC News

Posted May 14th, 2014 in complaints, freedom of expression, human rights, intelligence services, interception, internet, investigatory powers, news, privacy by sally

‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk

Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph

Posted May 13th, 2014 in anonymity, appeals, deportation, families, human rights, immigration, news, tribunals, violent offenders by sally

‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’

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Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

Posted May 13th, 2014 in Court of Protection, human rights, media, mental health, news, public interest, third parties, trials by sally

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

Sex offender brings legal challenge over electronic tag – Daily Telegraph

Posted May 12th, 2014 in appeals, electronic monitoring, human rights, news, privacy, sexual offences, sexual offences prevention orders by sally

‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’

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Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Discrimination and political membership – should we revisit Redfearn? – Halsbury’s Law Exchange

Posted May 12th, 2014 in appeals, employment tribunals, equality, human rights, news, partnerships, political opinion discrimination, race discrimination, unfair dismissal, whistleblowers by sally

‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’

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Halsbury’s Law Exchange, 12th May 2014

Source: www.halsburyslawexchange.co.uk

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, law reports, public interest, Scotland, Supreme Court by sally

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, news, public interest, Scotland, Supreme Court by sally

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

Terminating a Father’s Parental Responsibility: Preserving the legal status quo – Family Law Week

Posted May 9th, 2014 in families, human rights, news, parental responsibility, sexual offences by sally

‘Alex Verdan QC of 4 Paper Buildings and Saoirse Townshend of 36 Bedford Row analyse an important Court of Appeal judgment on termination of PR.’

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Family Law Week, 9th May 2014

Source: www.familylawweek.co.uk

High Court strikes out barrister’s claim for compensation from BSB

Posted May 9th, 2014 in barristers, compensation, disciplinary procedures, human rights, news, professional conduct, race discrimination by sally

‘A pioneering barrister who overturned a disciplinary tribunal ruling that she had conducted litigation in breach of the Bar’s then code of conduct, has lost her claim for compensation against the Bar Standards Board (BSB).’

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Legal Futures, 9th May 2014

Source: www.legalfutures.co.uk

Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

Posted May 7th, 2014 in costs, fees, fraud, human rights, legal aid, legal representation, news, prosecutions, stay of proceedings by sally

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com