‘The Home Office has admitted that many people who have the right to live and work in the UK cannot access their eVisas and provide proof that they are allowed to be in the country.’
The Guardian, 1st December 2024
Source: www.theguardian.com
‘With the second reading of Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill fast approaching, debate persists as to whether limiting eligibility to terminally ill adults could be successfully challenged as discriminatory under Article 14 of the European Convention on Human Rights (ECHR) before the domestic courts and/or the European Court of Human Rights (ECtHR). This blog post does not seek to rehash well-trodden ground in this respect (see here, here and here for posts that discuss it in detail). Rather, it seeks only to contribute a comparative lens which indicates a potential basis upon which the UK Government could justify limiting assisted dying to the terminally ill.’
UK Constitutional Law Association, 27th November 204
Source: ukconstitutionallaw.org
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
‘The criminal offence of blasphemy is dead. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act 2008. My colleague Norman Doe and I wrote a piece entitled ‘The Strange Death of Blasphemy’, which looked at events leading up to its abolition. The offence is now long dead.’
Law & Religion UK, 21st November 2024
Source: lawandreligionuk.com
‘My recent post on Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill, which seeks to legalise assisted suicide for terminally ill adults and so modify the blanket ban provided by s. 2 of the Suicide Act 1961, has attracted some attention. There I raised questions as to the compatibility of the Bill with articles 8 and 14 of the European Convention on Human Rights (“ECHR”), suggesting that extending assisted suicide only to terminally ill adults might be considered unlawfully discriminatory. I argued that there can therefore be no guarantees that the Bill would not have to expand in the future if the UK is to continue to adhere to its obligations under the ECHR. Alex Ruck Keene KC, who represented Noel Conway in his legal challenge to the UK’s blanket ban, has made a similar argument.’
UK Constitutional Law Association, 19th November 2024
Source: ukconstitutionallaw.org
‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’
UK Human Rights Blog, 15th November 2024
Source: ukhumanrightsblog.com
‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’
The Guardian, 12th November 2024
Source: www.theguardian.com
‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’
Local Government Lawyer, 8th November 2024
Source: www.localgovernmentlawyer.co.uk
‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’
UK Constitutional Law Association, 5th November 2024
Source: ukconstitutionallaw.org
‘In this guest post, Rajiv Shah argues that the provision of assisted suicide in the England and Wales via the NHS would constitute a substantive breach of the negative obligation imposed on the State under Article 2 of the ECHR.’
UK Human Rights Blog, 1st November 2024
Source: ukhumanrightsblog.com
‘A group representing 1,400 private schools will press ahead with plans for a legal challenge against the government’s introduction of VAT from January, the BBC can reveal.’
BBC News, 31st October 2024
Source: www.bbc.co.uk
‘A Muslim football coach was prevented from playing in a match because she wears tracksuit bottoms rather than shorts: she says that wearing shorts compromises her religious beliefs.’
Law & Religion UK, 31st October 2024
Source: lawandreligionuk.com
‘Kim Leadbeater has recently introduced a Private Member’s Bill in the House of Commons which seeks to legalise assisted suicide for the terminally ill. Despite its second reading being scheduled for 29 November, the text of the Bill is, somewhat remarkably given its significance, still to be published. Yet the outline of Leadbeater’s proposals has already become known. As such, I seek to offer here a legal analysis of some of the issues relating to legalising assisted suicide in the UK, and particular the idea that any law can be effectively limited to terminally ill adults.’
UK Constitutional Law Association, 30th October 2024
Source: ukconstitutionallaw.org
‘A Palestinian student who was stripped of her student visa after remarks she made about the Israel-Gaza war has won a human rights appeal against the Home Office’s decision.’
The Guardian, 30th October 2024
Source: www.theguardian.com
‘In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration of incompatibility under section 4 HRA (s.4). Section 4 states that if the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility – “may” demonstrates the judicial discretion at the core of the mechanism.’
UK Constitutional Law Association, 28th October 2024
Source: ukconstitutionallaw.org
‘An East Anglian man who lost his home to coastal erosion has lost his high court challenge against the government’s climate adaptation plans.’
The Guardian, 25th October 2024
Source: www.theguardian.com
‘This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.’
Cambridge Law Journal, 3rd October 2024
Source: www.cambridge.org
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