Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court
Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)
Supreme Court, 26th March 2014
Category: human rights
MoD burdened by unprecedented rise in court actions, MPs warn – The Guardian
‘An unprecedented rise in court actions is placing a huge burden on the Ministry of Defence and could have the unintended consequence of leading to even more civilian casualties, according to a report by MPs.’
The Guardian, 2nd April 2014
Source: www.guardian.co.uk
Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily
‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
TW v Enfield London Borough Council – WLR Daily
TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145
‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
Christian preacher wins £13,000 in compensation after being held for ’15 hours without food or water’ – The Independent
‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’
The Independent, 31st March 2014
Source: www.independent.co.uk
FOIA’s not all that: Kennedy v The Charity Commission [2014] UKSC 20 – Panopticon
‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’
Panopticon, 28th March 2014
Source: www.panopticonblog.com
Backing just one horse in a consultation process can be unfair – UK Human Rights Blog
‘Public law principles allow you to challenge a decision of a public authority if the consultation process preceding it was unfair. Unfairness comes in many shapes and sizes, but the commonest one alleged is that it was not carried out at the formative stage. The authority had already made up enough of its mind so the consultation process ceased to mean anything – it was just going through the motions.’
UK Human Rights Blog, 28th March 2014
Source: www.ukhumanrightsblog.com
Domenico Rancadore: DPP admits ‘error’ over Mafia boss extradition – BBC News
‘The director of public prosecutions has admitted an error was made by the Crown Prosecution Service (CPS) during a Mafia boss’s extradition proceedings.’
BBC News, 28th March 2014
Source: www.bbc.co.uk
Caterers who refuse to work on same-sex weddings face prosecution – Daily Telegraph
‘Chauffeurs, photographers and caterers could have to pay thousands of pounds in damages if they refuse to provide services to a same-sex wedding.’
Daily Telegraph, 30th March 2014
Source: www.telegraph.co.uk
Foreign convicts awaiting deportation held in jail limbo for years – The Independent
‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’
The Independent, 27th March 2014
Source: www.independent.co.uk
Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog
‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’
UK Human Rights Blog, 26th March 2014
Source: www.ukhumanrightsblog.com
Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog
‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’
UK Human Rights Blog, 23rd March 2014
Source: www.ukhumanrightsblog.com
‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News
‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’
The Guardian, 26th March 2014
Source: www.guardian.co.uk
‘You can’t wear that here’ – OUP Blog
‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’
OUP Blog, 26th March 2014
Source: www.blog.oup.com
Care Proceedings: The European Dimension – Family Law Week
‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’
Family Law Week, 25th March 2014
Source: www.familylawweek.co.uk
Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Christians deserve more respect, says top judge – The Independent
‘One of Britain’s top judges has said it is not difficult to see why British Christians “feel their religious beliefs are not being sufficiently respected” in a speech about the clash between the rights of believers and sexual equality.’
The Independent, 21st March 2014
Source: www.independent.co.uk
No duty to investigate in respect of civilian deaths in Malaya in 1948 – UK Human Rights Blog
‘After an interesting analysis of the time limits for claims under Convention in response to a claim made in relation to actions by British soldiers in Malaya in 1948, the Court of Appeal dismissed all their human rights, customary international law and Wednesbury arguments. There was no obligation in domestic law for the state to hold an inquiry into the deaths of civilians killed by British soldiers in colonial Malaya in 1948, even though the Strasbourg Court might well hold that such a duty ensued.’
UK Human Rights Blog, 20th March 2014
Source: www.ukhumanrightsblog.com
Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News
‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
