Category: human rights

Trespassers and Human Rights – Where are we now? – Falcon Chambers

Posted August 9th, 2018 in human rights, news, repossession, trespass by sally

‘Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was asked to decide whether a tenant in summary possession proceedings could require the court to consider the proportionality of making a possession order, having regards to Article 8 of the European Convention on Human Rights (ECHR): the well-known right to respect for private and family life. In particular, the court was required to decide whether a private landlord’s mandatory right to possession of her property under section 21 of the Housing Act 1998 could be curtailed or defeated entirely by invoking Article 8.’

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Falcon Chambers, May 2018

Source: www.falcon-chambers.com

The Supreme Court ruling on ending life – No. 5 Chambers

Posted August 7th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a patient in a persistent vegetative state could be allowed to die. Following a Supreme Court decision on 30 July 2018 in a land mark case called NHS Trust v Y [2018] UKSC 46, the law in future will allow doctors and families to make the decision to allow a patient to die to withdraw sustenance where they all agree to it, without needing to go to a court.’

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No. 5 Chambers, 2nd August 2018

Source: www.no5.com

A Marriage Between The Human Rights Act and Medical Negligence?….The Engagement is Definitely Off! – Park Square Barristers

Posted August 6th, 2018 in hospitals, human rights, inquests, medical treatment, negligence, news by sally

‘Lorraine Harris reviews the case of Parkinson which now clarifies the extremely limited use of Article 2 in cases of death following medical treatment, as well as the difficulty of challenging the decision making of a Coroner. Analysis at the close of the article reveals the salient points of the case.’

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Park Square Barristers, 10th July 2018

Source: www.parksquarebarristers.co.uk

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

Posted August 6th, 2018 in civil partnerships, declarations of incompatibility, human rights, marriage, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

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Family Law, 3rd August 2018

Source: www.familylaw.co.uk

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

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UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

Posted August 3rd, 2018 in child abuse, criminal injuries compensation, domestic violence, human rights, news by sally

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

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UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by sally

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal court rules that ministerial code does not dilute human rights – The Guardian

Posted August 2nd, 2018 in appeals, codes of practice, human rights, international law, ministers' powers and duties, news, treaties by sally

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

UK judges will no longer have to rule in vegetative state decisions – The Guardian

Posted July 30th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Judges will no longer need to be consulted when doctors and relatives of patients in a vegetative state agree that life-supporting treatment should be ended.’

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The Guardian, 30th July 2018

Source: www.theguardian.com

European human rights judges will rule ‘Isil Beatles’ plan illegal, say experts – Daily Telegraph

Posted July 30th, 2018 in death penalty, extradition, human rights, news, terrorism by sally

‘European human rights judges would rule Britain’s plan to waive death penalty assurances for two suspected members of the Isil ‘Beatles’ terror cell illegal, experts say, and could order the UK to seek US guarantees and even pay the men damages.’

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Daily Telegraph, 28th July 2018

Source: www.telegraph.co.uk

Supreme Court to rule on vegetative state case – BBC News

Posted July 30th, 2018 in Court of Protection, food, human rights, medical treatment, news, Supreme Court by sally

‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity – Oxford Human Rights Hub

Posted July 26th, 2018 in environmental protection, foreign jurisdictions, human rights, news, subsidiary companies by sally

‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’

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Oxford Human Rights Hub, 24th July 2018

Source: ohrh.law.ox.ac.uk

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

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UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

John Worboys case shows Parole Board is not independent, court to hear – The Guardian

Posted July 26th, 2018 in criminal justice, criminal procedure, human rights, news, parole by sally

‘A British prisoner is seeking a judicial review because he says he does not have a fair chance of parole following the controversy surrounding the decision to release the serial sex attacker John Worboys.’

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The Guardian, 26th July 2018

Source: www.theguardian.com

Domestic abuse victim wins legal challenge against policy denying her right to compensation – The Independent

Posted July 25th, 2018 in child abuse, criminal injuries compensation, domestic violence, human rights, news by sally

‘A woman who suffered serious abuse at the hands of her stepfather has won a legal challenge against a policy which denies some victims the right to compensation. The Court of Appeal ruled on Tuesday that the so-called “same-roof” rule, which denies compensation to domestic abuse victims who lived in the same home as their attacker before 1979, was “incompatible” with human rights laws.’

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The Independent, 24th July 2018

Source: www.independent.co.uk

Police facial recognition system faces legal challenge – BBC News

Posted July 25th, 2018 in closed circuit television, facial mapping, human rights, news, police by sally

‘A legal challenge against the use of automatic facial recognition technology by police has been launched by a civil liberties group.’

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BBC News, 25th July 2018

Source: www.bbc.co.uk

Outlawing caste discrimination – the Government says “No” – Law & Religion UK

Posted July 24th, 2018 in employment tribunals, human rights, news, race discrimination by sally

‘In 2013, s.9(5)(a) of the Equality Act 2010 was amended to impose a duty to introduce specific legal protection to make caste an aspect of race for the purposes of the Act: it currently reads. “[A Minister of the Crown] must by order amend this section so as to provide for caste to be an aspect of race”. The Government contended, however, that the subsequent Employment Appeal Tribunal judgment in Chandhok & Anor v Tirkey [2014] UKEAT 0190/14/1912 “established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act”.’

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Law & Religion UK, 24th July 2018

Source: www.lawandreligionuk.com

UK may face legal challenge over US extradition of Isis pair – The Guardian

Posted July 24th, 2018 in criminal justice, death penalty, evidence, extradition, foreign jurisdictions, human rights, news, terrorism by sally

‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’

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The Guardian, 24th July 2018

Source: www.theguardian.com

Legal aid deserts: MPs and peers express ‘grave concerns’ – Law Society’s Gazette

Posted July 19th, 2018 in civil justice, human rights, law centres, legal aid, news, reports, select committees by sally

‘Squeezing the legal aid budget has left vast numbers of people – including the most vulnerable – unable to assert their rights, the Law Society said today. In a report published today, Enforcing Human Rights, parliament’s Joint Committee on Human Rights reflects the Law Society’s concerns that large parts of England and Wales are becoming “legal aid deserts”, as solicitors are forced to withdraw from services because they can no longer afford to do the work.’

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Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk