‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’
Rights Info, 12th November 2018
Source: rightsinfo.org
‘(ii) Undue Harshness
Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’
Tanfield Chambers, 18th October 2018
Source: www.tanfieldchambers.co.uk
‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’
Rights Info, 5th November 2018
Source: rightsinfo.org
‘Virtually every news cycle seems to feature children as victims of military actions, gun violence, economic injustice, racism, sexism, sexual abuse, hunger, underfunded schools, unbridled commercialism—the list is endless. Each violates our sense of what childhood ought to be and challenges what we believe childhood has always been.’
OUP Blog, 5th November 2018
Source: blog.oup.com
‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’
Blackstone Chambers, 10th October 2018
Source: www.blackstonechambers.com
‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’
Counsel, November 2018
Source: www.counselmagazine.co.uk
‘The Mental Capacity (Amendment) Bill requires further changes to protect the human rights of vulnerable people, MPs and peers have warned.’
Local Government Lawyer, 31st October 2018
Source: www.localgovernmentlawyer.co.uk
‘In his final budget before Brexit, Chancellor Philip Hammond has declared that austerity is coming to an end and reiterated Theresa May’s £8.4 billion spending pledge to the NHS.’
Rights Info, 29th October 2018
Source: rightsinfo.org
‘This is a major decision which clarifies the approach that the Immigration Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.’
UK Human Rights Blog, 29th October 2018
Source: ukhumanrightsblog.com
‘Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed?’
Family Law, 30th October 2018
Source: www.familylaw.co.uk
‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’
Nearly Legal, 28th October 2018
Source: nearlylegal.co.uk
‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’
UK Human Rights Blog, 24th October 2018
Source: ukhumanrightsblog.com
‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’
Local Government Lawyer, 25th October 2018
Source: www.localgovernmentlawyer.co.uk
‘A recent judgment by the Court of Appeal provides important guidance on the territorial jurisdiction of the UK employment tribunals, particularly on the extent of statutory whistleblower protections for workers, an expert has said.’
OUT-LAW.com, 24th October 2018
Source: www.out-law.com
‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’
The Guardian, 23rd October 2018
Source: www.theguardian.com
‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’
Local Government Lawyer, 18th October 2018
Source: www.localgovernmentlawyer.co.uk
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