‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’
UK Human Rights Blog, 7th June 2014
Source: www.ukhumanrightsblog.com
‘The Law Society has demanded action from the Home Secretary, Theresa May, over a string of violent threats dating back a decade against the human rights lawyer who brought cases against British soldiers over alleged brutality in Iraq and Afghanistan.’
The Independent, 6th June 2014
Source: www.independent.co.uk
‘A major criminal trial involving two men charged with serious terrorism offences could be held entirely in secret for the first time in modern British legal history.’
The Guardian, 4th June 2014
Source: www.guardian.co.uk
‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’
The Guardian, 4th June 2014
Source: www.guardian.co.uk
‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’
UK Constitutional Law Association, 2nd June 2014
Source: www.ukconstitutionallaw.org
‘In a careful and humane judgment, the Court of Protection has demonstrated that the law is capable of overlooking the stringent requirements of the conditions governing advance directives, and stressed that a “holistic” view of the patients’ wishes and feelings must be adopted, if those point to the withdrawal of life saving treatment.’
UK Human Rights Blog, 2nd June 2014
Source: www.ukhumanrightsblog.com
‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’
Daily Telegraph, 2nd June 2014
Source: www.telegraph.co.uk
‘Dana Baker, who represented Great Britain in karate, killed herself after “serious and systematic failings” in her care by a council that was too busy and overworked to help her.’
Daily Telegraph, 29th May 2014
Source: www.telegraph.co.uk
‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’
Family Law Week, 23rd May 2014
Source: www.familylawweek.co.uk
‘Rosalind English has summarised this unsuccessful appeal against the rejection of the Chagossians’ claims by the Divisional Court, and I have posted on this litigation arising out of the removal and subsequent exclusion of the population from the Chagos Archipelago in the British Indian Ocean Territory.’
UK Human Rights Blog, 26th May 2014
Source: www.ukhumanrightsblog.com
‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’
Halsbury’s Law Exchange, 27th May 2014
Source: www.halsburyslawexchange.co.uk
‘Two Slovakian parents have failed to block the adoption of two of their sons by a same sex couple in Kent.’
BBC News, 24th May 2014
Source: www.bbc.co.uk
‘The case R (on the application of George) v SSHD raised the issue of whether someone’s indefinite leave to remain in the UK, which was invalidated by a deportation order, remains invalid if the deportation order is revoked.’
Halsbury’s Law Exchange, 22nd May 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
UK Constitutional Law Association, 21st May 2014
Source: www.ukconstitutionallaw.org
‘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.’
NearlyLegal, 21st May 2014
Source: www.nearlylegal.co.uk
‘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?’
Panopticon, 20th May 2014
Source: www.panopticonblog.com
‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’
Halsbury’s Law Exchange, 20th May 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
‘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.’
Daily Telegraph, 21st May 2014
Source: www.telegraph.co.uk
‘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.
The Guardian, 19th May 2014
Source: www.guardian.co.uk
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