‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’
Local Government Lawyer, 17th December 2018
Source: www.localgovernmentlawyer.co.uk
‘On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict Reform of the legal requirements for divorce (September 2018). A reply to responses is due from the Government, says the Ministry of Justice, by 8 March 2019.’
UK Human Rights Blog, 17th December 2018
Source: ukhumanrightsblog.com
‘Barrister Stefan Hyman outlines why the duty of disclosure is integral to our criminal justice system and vital to a fair trial, a fundamental human right.’
Rights Info, 12th December 2018
Source: rightsinfo.org
‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’
Garden Court Chambers, 3rd December 2018
‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’
Garden Court Chambers, 4th December 2018
Source: www.gardencourtchambers.co.uk
‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
‘Rosalind English talks to 1 Crown Office Row’s Catriona Murdoch about the ways in which international law may be used to prevent it.’
Law Pod UK, 10th December 2018
Source: audioboom.com
‘Hannah Swirsky, Campaigns Officer at René Cassin, outlines why the 70th anniversary of the Universal Declaration of Human Rights is a time for celebration, but also for remembrance of the unsung role of women in the Declaration, and, realising their legacies today.’
Rights Info, 10th December 2018
Source: rightsinfo.org
‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
‘The Stansted 15 expected to face retribution for their protest. They never expected to be found guilty of terrorism offences.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’
UKSC Blog, 4th December 2018
Source: ukscblog.com
‘Deliveroo riders have lost a high court battle to gain union recognition, in a blow to gig economy campaigners.’
The Guardian, 5th December 2018
Source: www.theguardian.com
‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’
Daily Telegraph, 4th December 2018
Source: www.telegraph.co.uk
‘Asylum seekers who need NHS care have been left in “considerable fear” because of the government’s “hostile environment” policies, according to the human rights watchdog.
In a highly critical report the Equality and Human Rights Commission (EHRC) says people have gone without medical help since ministers forced the NHS in England to impose upfront charges to access care last year.’
The Guardian, 28th November 2018
Source: www.theguardian.com
‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’
BBC News, 27th November 2018
Source: www.bbc.co.uk
‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’
Family Law, 22nd November 2018
Source: www.familylaw.co.uk
‘Banks v Revenue and Customs Commissioners [2018] UKFTT 617 (TC). Donations made by Arron Banks to the United Kingdom Independence Party (‘UKIP’) are subject to a tax regime which discriminates against the donor on grounds of his political opinion, the First-Tier Tribunal (Tax Chamber) has found.’
UK Human Rights Blog, 14th November 2018
Source: ukhumanrightsblog.com
‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’
UKSC Blog, 12th November 2018
Source: ukscblog.com
‘Speech by Lord Justice Singh: Racial Equality and the Law,’
Courts and Tribunals Judiciary, 14th November 2018
Source: www.judiciary.gov.uk
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