‘The UK government has announced an immediate moratorium on fracking. The decision came after new scientific analysis concluded it was not possible to “rule out future unacceptable impacts”.’
Rights Info, 11th November 2019
Source: rightsinfo.org
‘The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of “understanding”), judges, social workers, health professionals and lawyers – to learn a new set of legal concepts and attitudes. But what about children’s rights? And what has happened to the law’s regard for those rights since 1989?’
UK Human Rights Blog, 6th November 2019
Source: ukhumanrightsblog.com
‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’
Oxford Human Rights Hub, 1st November 2019
Source: ohrh.law.ox.ac.uk
‘MI5 operates a partially secret policy that allows agents to participate in serious crimes including torture and killing, a security tribunal has heard.’
The Guardian, 5th November 2019
Source: www.theguardian.com
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘Facial recognition technology may have been used unlawfully by police, a watchdog has warned while calling for urgent government regulation.’
The Independent, 1st November 2019
Source: www.independent.co.uk
‘Human rights lawyers are preparing to bring a landmark case against British American Tobacco on behalf of hundreds of children and their families forced by poverty wages to work in conditions of gruelling hard labour in the fields of Malawi.’
The Guardian, 31st October 2019
Source: www.theguardian.com
‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’
Littleton Chambers, 17th October 2019
Source: www.littletonchambers.com
‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
‘Immigrant rights campaigners have begun a ground-breaking legal case to establish how a Home Office algorithm that filters UK visa applications actually works.’
The Guardian, 29th October 2019
Source: www.theguardian.com
‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’
Doughty Street Chambers, 24th October 2019
Source: www.doughtystreet.co.uk
‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’
Nearly Legal, 27th October 2019
Source: nearlylegal.co.uk
‘“Bandoe”, “Booj”, “trapping” and “Kitty”. These are a few of the words drill rapper Ervine Kimpalu has been banned from using in his music for five years after being imprisoned on drug dealing charges. It has sparked renewed debate over the role the music genre plays in serious youth violence. So, how is it that a person can be prevented from using certain words? And is there any point? RightsInfo explores.’
Rights Info, 24th October 2019
Source: rightsinfo.org
‘Lawyers keen to protest in the streets with Extinction Rebellion (XR) should carry out their own “risk analysis” before taking part, a regulatory specialist has said.’
Legal Futures, 24th October 2019
Source: www.legalfutures.co.uk
‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’
The Guardian, 21st October 2019
Source: www.theguardian.com
‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
‘Police have banned climate campaigners Extinction Rebellion (XR) from protesting in London, a move that human rights groups have condemned as “chilling”. What power does the police have to do this, and is it lawful? RightsInfo explores.’
Rights Info, 15th October 2019
Source: rightsinfo.org
‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’
UK Human Rights Blog, 16th October 2019
Source: ukhumanrightsblog.com
‘A newborn baby recently died in prison after a woman gave birth alone in her cell at night.’
Rights Info, 16th October 2019
Source: rightsinfo.org
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