Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by tracey

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

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NearlyLegal, 26th November 2013

Source: www.nearlylegal.co.uk/blog/

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by tracey

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D)  450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by tracey

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, human rights, media, news by tracey

‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’

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UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by tracey

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

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Panopticon, 22nd November 2013

Source: www.panopticonblog.com

Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by tracey

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

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UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

EU Controversy, Churchill and the Charter – The Human Rights Roundup – UK Human Rights Blog

Posted November 22nd, 2013 in charters, EC law, human rights, international law, news, terrorism by tracey

‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’

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UK Human Rights Blog, 20th November 2013

Source: www.ukhumanrightsblog.com

Who’s right about the EU Charter of Fundamental Rights? – Head of Legal

Posted November 22nd, 2013 in charters, constitutional law, EC law, human rights, international law, news by tracey

‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’

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Head of Legal, 21st November 2013

Source: www.headoflegal.com

Podcast 224: Dexter Dias QC on female genital mutilation and human rights – Charon QC

Posted November 21st, 2013 in barristers, crime, female genital mutilation, human rights, news, prisons, women by sally

“Dexter Dias QC talks to me about the legal and moral issues involved in female genital mutilation and the increasing prison population in the USA and UK.”

Podcast

Charon QC, 20th November 2013

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 72 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

Will Marine “A” keep his anonymity? – UK Human Rights Blog

Posted November 19th, 2013 in anonymity, armed forces, courts martial, human rights, murder, news, third parties by sally

“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”

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UK Human Rights Blog, 18th November 2013

Source: www.ukhumanrightsblog.com

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Gay rights group challenges Charity Commission refusal – The Guardian

Posted November 18th, 2013 in appeals, charities, homosexuality, human rights, news, public interest by sally

“A human rights organisation that supports gay and lesbian individuals in countries where homosexuality is outlawed has been denied charitable status on the grounds that it is not sufficiently of ‘public benefit’.”

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The Guardian, 17th November 2013

Source: www.guardian.co.uk

Government response and progress update to Equality and Human Rights Commission report ‘Hidden in Plain Sight’ – Home Office

“In July 2012, the government published its response to the EHRC recommendations from its inquiry into disability related harassment. Our response set out our commitment to tackle disability related harassment and how we planned to take forward work to address the issues identified, including through ‘Challenge it, Report it, Stop it’, the government’s plan to tackle hate crime. This update provides an overview of the government’s specific achievements to address hate crime and disability-related harassment to date. Over the last year we have made significant progress in a number of areas to identify gaps and improve our response to disability equality, change negative attitudes and provide support for disabled people and disabled people’s organisations.”

Full text

Home Office, 14th November 2013

Source: www.gov.uk/home-office

Family of devout Muslim in minimally conscious state lose right-to-life case – The Guardian

Posted November 14th, 2013 in hospital orders, human rights, Islam, news by tracey

“The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God.”

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The Guardian, 13th November 2013

Source: www.guardian.co.uk

Too little too late as Daily Mail “corrects” bogus human rights splash – UK Human Rights Blog

Posted November 13th, 2013 in compensation, human rights, media, news by tracey

“The Daily Mail has belatedly ‘corrected’ its front page story on human rights damages, over a month after it appeared on 7 October 2013. Early last month I blogged on the original bogus article, which was so poor it generated a response from the ordinarily placid Council of Europe.”

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UK Human Rights Blog, 12th November 2013

Source: www.ukhumanrightsblog.com

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

Full story

UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com