Case comment: Dove v HM Assistant Coroner for Teesside and Hartlepool [2023] EWCA Civ 289 – Inquests and Inquiries Law Blog

Posted March 30th, 2023 in benefits, causation, coroners, human rights, inquests, news, suicide by sally

’12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.’

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Inquests and Inquiries Law Blog, 29th March 2023

Source: inquestsandinquirieslawblog.com

Illegal migration bill could topple world refugee system, lawmakers told – The Guardian

‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

Isobel Renzulli: Begum v SSHD (2023): A restrictive approach to Article 4 ECHR – UK Constitutional Law Association

‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’

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UK Constitutional Law Association, 29th March 2023

Source: ukconstitutionallaw.org

‘Legal limbo’: Human rights chief steps into small boats bill row – Law Society’s Gazette

‘Proposed legislation aimed at stopping cross-channel migration in small boats would be incompatible with the UK’s international obligations, the leading human rights figure at the 46-member Council of Europe said today. Dunja Mijatović, Council of Europe commissioner for human rights, warned that the provisions of the Illegal Migration Bill ‘create clear and direct tension with well-established and fundamental human rights standards’.’

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Law Society's Gazette, 27th March 2023

Source: www.lawgazette.co.uk

2023: Year of the Nuisance? – UK Human Rights Blog

Posted March 27th, 2023 in appeals, damages, human rights, limitations, news, nuisance, Supreme Court by sally

‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’

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UK Human Rights Blog, 24th March 2023

Source: ukhumanrightsblog.com

Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian

‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’

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The Guardian, 20th March 2023

Source: www.theguardian.com

‘Hostile, authoritarian’ UK downgraded in civic freedoms index – The Guardian

‘The UK has been downgraded in an annual global index of civic freedoms as a result of the government’s “increasingly authoritarian” drive to impose restrictive and punitive laws on public protests.’

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The Guardian, 16th March 2023

Source: www.theguardian.com

Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators – UK Human Rights Blog

‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’

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UK Human Rights Blog, 14th March 2023

Source: ukhumanrightsblog.com

Jeremy Letwin: The Bill of Rights Bill and the Modern Mirror Principle – UK Constitutional Law Association

Posted March 15th, 2023 in bills, brexit, constitutional law, government departments, human rights, news by sally

‘The Bill of Rights Bill which is currently before Parliament aims, at least in some respects, to weaken the link between domestic courts and the ECtHR. Many predicted the Bill might seek to do this, and it has provoked considerable controversy. Though clauses 3(1) and 3(2) of the Bill are not without their critics, the controversy has mainly focused on clause 3(3)(b), which provides that the domestic courts “may adopt an interpretation of the right that diverges from Strasbourg jurisprudence”, and on clause 3(3)(a), which provides that domestic courts “may not adopt an interpretation of the right that expands the protection conferred by the right unless the court has no reasonable doubt that the European Court of Human Rights would adopt that interpretation if the case were before it”.’

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UK Constitutional Law Association, 14th March 2023

Source: ukconstitutionallaw.org

What Does the Illegal Migration Bill Mean for Modern Slavery? – Each Other

‘Following the publication of the Illegal Migration Bill, EachOther summarises developments in the Bill and what it could mean for victims of modern slavery in the UK.’

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Each Other, 14th March 2023

Source: eachother.org.uk

What are the legal obstacles faced by the UK’s illegal migration bill? – The Guardian

Posted March 9th, 2023 in asylum, bills, human rights, immigration, news, treaties by sally

‘A major piece of legislation unveiled this week seeks to achieve nothing less than the holy grail of current immigration policy: making asylum claims inadmissible from those who travel to the UK on small boats.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Sunak Plans Lifetime Ban For Channel Migrants – Each Other

‘Prime minister Rishi Sunak is set to introduce an Illegal Migration Bill to remove migrants arriving on small boats and ban them from re-entering the UK.’

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Each Other, 7th March 2023

Source: eachother.org.uk

Asylum plan ‘very concerning’ and would break international law – UN refugee agency – BBC News

‘The government’s proposed asylum law is “very concerning” and would block even those with a compelling claim, the United Nations refugee agency has said.’

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BBC News, 8th March 2023

Source: www.bbc.co.uk

Conversion therapy ban will be hard to police, says victim – BBC News

‘A man subjected to electric shock aversion therapy in the 1970s to stop him being gay has welcomed plans to ban conversion therapy.’

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BBC News, 5th March 2023

Source: www.bbc.co.uk

The Environmental Minimum with Dr Stefan Theil – Law Pod UK

Posted March 3rd, 2023 in climate change, environmental protection, human rights, news by sally

‘In this episode, Lucy McCann speaks to Dr Stefan Theil, the John Thornley Fellow and Director of Studies in Law at Sidney Sussex College, University of Cambridge, about what role the law can play in tackling the climate crisis.’

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Law Pod UK, 1st March 2023

Source: audioboom.com

Surrogacy, IVF and equality: JR176(2)’s application for judicial review – UK Human Rights Blog

‘Two men are in a relationship and want to have a child. They approach a female friend who is happy to be their surrogate. She has previously had a voluntary sterilisation procedure, so she would need in-vitro fertilisation (IVF) using a donor egg (a procedure known as gestational surrogacy), to help her friends realise their wishes. This is where they all encounter a problem: voluntary sterilisation makes the woman ineligible for publicly funded IVF.’

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UK Human Rights Blog, 28th February 2023

Source: ukhumanrightsblog.com

Shamima Begum has shown up courts’ deference to this government. It’s a worrying new era – The Guardian

Posted February 24th, 2023 in citizenship, government departments, human rights, news, Supreme Court, terrorism by sally

‘Issues related to national security have always been hard to crack, but judges are unwilling to consider human rights.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Raw sewage in the Court of Appeal – UK Human Rights Blog

Posted February 22nd, 2023 in appeals, environmental health, human rights, judicial review, news, pollution, waste, water by sally

‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’

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UK Human Rights Blog, 21st February 2023

Source: ukhumanrightsblog.com

Chagos Islands: UK should pay reparations, says Human Rights Watch – BBC News

Posted February 16th, 2023 in Chagos Islands, colonies, compensation, human rights, news, United Nations by sally

‘The UK is committing crimes against humanity after removing people from the Chagos Islands, a British territory in the Indian Ocean, a rights group said.’

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BBC News, 16th February 2023

Source: www.bbc.co.uk

Appeal rights exhausted care leavers and human rights assessments – Local Government Lawyer

Posted February 13th, 2023 in appeals, asylum, children, human rights, immigration, local government, news, social services by sally

‘A local authority recently conceded that Children Act 1989 duties take precedence over residual and discretionary Immigration Act 1999 powers. Amanda Weston KC and Maria Moodie explain why.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk