“The Orthodox Archbishop of Craiova in Romania, that is, not the Archbishop of Canterbury. The European Court of Human Rights recently handed down an interesting ruling on Article 11 (freedom of assembly and association) that could also have more far-reaching consequences for the application of Article 9 (freedom of religion).”
UK Human Rights Blog, 1st August 2013
Source: www.ukhumanrightsblog.com
“The family of a Royal Military Police officer killed by a crowd of Iraqis is suing the Ministry of Defence for negligence.”
The Guardian,
Source: www.guardian.co.uk
“The Court of Appeal has today unanimously dismissed appeals by Jane Nicklinson and Paul Lamb challenging the legal ban on voluntary euthanasia.”
UK Human Rights Blog, 31st July 2013
Source: www.ukhumanrightsblog.com
“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”
UK Human Rights Blog, 31st July 2013
Source: www.ukhumanrightsblog.com
“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”
NearlyLegal, 3oth July 2013
Source: www.nearlylegal.co.uk
“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
“The family of late locked-in syndrome sufferer Tony Nicklinson and paralysed road accident victim Paul Lamb have lost their right-to-die challenges.”
BBC News, 31st July 2013
Source: www.bbc.co.uk
“Rape victims’ human rights are being infringed by the Crown Prosecution Service handing defence lawyers too much information about their injuries and treatment, a watchdog has said.”
Daily Telegraph, 31st July 2013
Source: www.telegraph.co.uk
“The Court of Appeal is due to rule on the case of a paralysed man who wants to be helped to die.”
BBC News, 31st July 2013
Source: www.bbc.co.uk
Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309
“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
“The practice of trying the military – such as Danny Nightingale – in a court martial rather than a civilian court is anachronistic.”
The Guardian, 29th July 2013
Source: www.guardian.co.uk
Supreme Court, 24th July 2013
“The Joint Committee on Human Rights, chaired by Dr Hywel Francis MP, is today launching an inquiry into the implications for access to justice of certain of the Government’s proposals to reform legal aid, as set out in its Consultation Paper Transforming Legal Aid: delivering a more credible and efficient system.”
Joint Committee on Human Rights, 18th July 2013
Source: www.parliament.uk
“A coroner has suggested that the Ministry of Defence could face legal action over two soldiers who died while undergoing the gruelling SAS selection process.”
The Independent, 25th July 2013
Source: www.independent.co.uk
“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”
UK Human Rights Blog, 23rd July 2013
Source: www.ukhumanrightsblog.com
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)
“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”
UK Human Rights Blog, 23rd July 2013
Source: www.ukhumanrightsblog.com
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