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

‘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

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

‘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

‘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

‘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

‘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

‘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

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

‘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

‘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

‘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

‘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

‘Do not resuscitate’ orders are failing patients, judges told – Daily Telegraph

Posted May 7th, 2014 in consent, hospitals, human rights, medical records, medical treatment, news by sally

‘Human rights watchdog joins family of patient in attempt to clarify rules over whether doctors must consult the seriously ill before deciding whether to resuscitate them.’

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Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Judicial Review, Legal Aid and Operation Cotton – the Human Rights Roundup – UK Human Rights Blog

Posted May 6th, 2014 in human rights, judicial review, legal aid, lord chancellor, news, trials by sally

‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

Judicial review to go ahead on impact of ‘bedroom tax’ on separated families – Local Government Lawyer

Posted May 6th, 2014 in benefits, families, housing, human rights, news, social security by sally

‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’

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Local Government Lawyer, 2nd May 2014

Source: www.localgovernmentlawyer.co.uk

Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

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UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

Operation Cotton – what next? – Halsbury’s Law Exchange

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

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Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

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Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

Disclosure of medical records breached patient’s human rights – Strasbourg – UK Human Rights Blog

Posted May 1st, 2014 in disclosure, human rights, medical records, news, privacy by sally

‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com