Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Do We Even Need Human Rights Anymore? – Rights Info

Posted December 11th, 2017 in documents, human rights, international law, news, United Nations by sally

‘Today [10 December] is International Human Rights Day, in recognition of the 10 December 1948, when the United Nations General Assembly adopted the Universal Declaration of Human Rights.’

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Rights Info, 10th December 2017

Source: rightsinfo.org

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Time Limits under the Human Rights Act 1998: what is a “course of conduct”? – Cloisters

‘Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78.’

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Cloisters, 7th December 2017

Source: www.cloisters.com

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Rights body endorses UK prisoner voting plan – Law Society’s Gazette

Posted December 8th, 2017 in elections, human rights, news, prisons by sally

‘In a rare piece of European good news for the government this week, the 47-member Council of Europe has endorsed the UK’s action plan to resolve a simmering dispute over the ban on allowing prisoners to vote in elections.’

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Law Society's Gazette, 7th December 2017

Source: www.lawgazette.co.uk

When can a Closed Material Procedure be used? – UK Human Rights Blog

Posted December 8th, 2017 in closed material, human rights, news by sally

‘The Justice and Security Act 2013 introduced the idea of Closed Material Proceedings (CMP) to civil litigation in a significant way for the first time. This is a procedure (which had previously only used in a small number of specialist tribunals) whereby all or part of a claim can be heard in closed proceedings in order for the court to consider material which, if disclosed publicly, would risk harming national security. These hearings exclude even the claimant, who is represented instead by a Special Advocate who takes instructions and then is unable to speak to his or her client again once they have seen the sensitive material.’

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UK Human Rights Blog, 7th December 2017

Source: ukhumanrightsblog.com

Proportionality, the Margin of Appreciation and our Human Rights – in Plain English – Rights Info

Posted December 8th, 2017 in homosexuality, human rights, news, obscenity, privacy, proportionality by sally

‘This week marks the 41st anniversary of the judgment in Handyside v UK. This was a milestone judgment as it introduced a crucial concept for decision-making in human rights cases, the margin of appreciation.’

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Rights Info, 7th December 2017

Source: rightsinfo.org

Supreme Court go-ahead for barrister’s race claim against regulator – Law Society’s Gazette

‘A practising barrister who alleges that her regulator discriminated against her on grounds of her race in bringing disciplinary proceedings has won the backing of the UK’s highest court. In O’Connor v Bar Standards Board, five Supreme Court justices unanimously granted Daphne Evadney Portia O’Connor’s appeal against a Bar Standards Board decision to strike out a claim that the BSB had acted unlawfully in charging her with professional misconduct.’

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Law Society's Gazette, 6th December 2017

Source: www.lawgazette.co.uk

Supreme Court rules on time limitation for claims under the Human Rights Act – UK Human Rights Blog

‘The Supreme Court has ruled that a barrister’s claim against the Bar Standards Board for discrimination should not be time barred under the one year limit prescribed by the Human Rights Act. In her case, the Court said, the time limit for bringing proceedings only started running when she successfully appealed against disciplinary action taken against her. The decision to bring disciplinary proceedings and the subsequent hearings were part of a single process, not a series of disparate acts which set the time limitation period running.’

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UK Human Rights Blog, 6th December 2017

Source: ukhumanrightsblog.com

Interview: Sara Ryan talks about justice for Laughing Boy – Legal Voice

Posted December 4th, 2017 in autism, disabled persons, health, human rights, inquests, learning difficulties, news by sally

‘Connor Sparrowhawk. His name has got a superhero-like ring to it. ‘Connor Sparrowhawk, the boy who…’ But the boy who what? The boy who ‘loved his family’, suggests mum, Sara Ryan. ‘The boy who loved our dog, Chunky Stan, reading Horrible Histories, watching YouTube films of lorries loading on and off cross-channel ferries, the Mighty Boosh, septic tanks, Eddie Stobart lorries and London busses.’’

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Legal Voice, 1st December 2017

Source: www.legalvoice.org.uk

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Bereavement damages: Unmarried Chorley woman wins legal fight – BBC News

Posted November 28th, 2017 in bereavement, cohabitation, damages, human rights, news by sally

‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’

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BBC Mews, 28th November 2017

Source: www.bbc.co.uk

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

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Cloisters, 2nd November 2017

Source: www.cloisters.com

Legal Aid Cuts: A Future of Mandatory Pro Bono Work? – RightsInfo

Posted November 23rd, 2017 in human rights, legal aid, news, pro bono work by sally

‘Cuts to legal aid have had a huge impact on access to justice, as confirmed by various reports over the last few years.’

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RightsInfo, 23rd November 2017

Source: rightsinfo.org

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

British law must recognise Muslim marriage ceremonies – The Guardian

Posted November 23rd, 2017 in human rights, marriage, news, religious discrimination, women by sally

‘If the UK could do it for Quakers 250 years ago, is it too much to ask parliament to consider the needs of newer faith communities?’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Homelessness Update – Doughty Street Chambers

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com