Home Office breached woman’s human rights in Yarl’s Wood ‘punishment room’ – The Guardian

Posted July 28th, 2017 in asylum, detention, human rights, immigration, news by sally

‘Kenyan asylum seeker wins high court case after being placed in segregation for 28 hours in immigration removal centre.’

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The Guardian, 27th July 2017

Source: www.theguardian.com

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

The clash between open justice and one’s good name – UK Human Rights Blog

Posted July 21st, 2017 in anonymity, contempt of court, human rights, media, news by sally

‘Khuja (formerly known as PNM) v. Times Newspapers [2017] UKSC 49, Supreme Court. The outcome of this case is summed up in its title, an unsuccessful attempt to retain anonymity in press reporting. It is a stark instance of how someone involved in investigations into very serious offences cannot suppress any allegations which may have surfaced in open court, even though no prosecution was ever brought against them.’

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UK Human Rights Blog, 20th July 2017

Source: ukhumanrightsblog.com

Law Pod UK Episode 5: Further ruling on NI abortion rights, Charlie Gard, and transgender in Ultra-Orthodox Jewish community – 1 COR

‘Sarah Jane Ewart and Rosalind English discuss the latest developments in access to abortion for Northern Irish women, the lessons to be learned from the Charlie Gard case, and the difficult decision that the courts had to reach when considering the best interests of children in an Ultra-Orthodox Jewish family, where the father had left the community as a transgender person.’

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Law Pod UK, 6th July 2017

Source: audioboom.com

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

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UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

Hertfordshire CC v Davies – Arden Chambers

Posted July 6th, 2017 in employment, housing, human rights, local government, news, repossession by sally

‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’

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Arden Chambers, 21st June 2017

Source: www.ardenchambers.com

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Service Occupiers: Exclusion from Security of Tenure Regime Compatible with ECHR – Garden Court Chambers

‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

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Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Court of Protection: Guidance on Religious Observance – Park Square Barristers

Posted July 5th, 2017 in care homes, disabled persons, human rights, Islam, news by sally

‘The first application was in respect of adherence to fasting during Ramadan, the second application was in respect of the trimming of body hair.

Issues of capacity were not disputed within the proceedings. The court was concerned with a determination in respect of each application of what is in the best interests of IH under section 4 of the Mental Capacity Act 2005.’

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Park Square Barristers, 12th June 2017

Source: www.parksquarebarristers.co.uk

Boy’s confinement ‘breached human rights’ – BBC News

‘The human rights of a 16-year-old boy were breached by his being kept in solitary confinement for four-and-a-half months, the High Court has ruled.’

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BBC News, 4th July 2017

Source: www.bbc.co.uk

The role of employee legitimate expectations in unfair dismissal claims – Lauren Godfrey – UK Human Rights Blog

Posted July 3rd, 2017 in human rights, news, unfair dismissal by sally

‘A recent EAT ruling JP Morgan v Ktorza continues a line of decisions which limit the role of employee expectations in the determination of unfair dismissals claims further curtailing the extent to which employees can rely on public law notions or human rights principles to challenge their dismissals.’

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UK Human Rights Blog, 30th June 2017

Source: ukhumanrightsblog.com

Transgender father to appeal for greater contact with ultra orthodox children – UK Human Rights Blog

‘The Court of Appeal has granted permission to the father to appeal against the decision of the High Court earlier this year. Briefly, Peter Jackson J denied a father, who now lives as a transgender person, direct contact with his five children who live with their mother in the heart of a Charedi community of ultra-orthodox Jews.’

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UK Human Rights Blog, 27th June 2017

Source: ukhumanrightsblog.com

Charlie Gard’s life support will be removed after his parents lose their final appeal – Daily Telegraph

Posted June 28th, 2017 in children, consent, hospitals, human rights, news, parental rights by sally

‘Terminally ill baby Charlie Gard will be allowed to die after his parents lost their final legal bid to take him to the USA for specialist treatment.’

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Daily Telegraph, 27th June 2017

Source: www.telegraph.co.uk

“Real misery is being caused to no good purpose” – Nearly Legal

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Cage director pleads not guilty to terror offence over privacy issue – The Guardian

Posted June 21st, 2017 in confidentiality, human rights, news, privacy, search & seizure, terrorism, torture by sally

‘The international director of the campaign group Cage has pleaded not guilty to a terror offence after refusing to give police the passcode to his mobile phone at Heathrow airport last year.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Charlie Gard: Strasbourg Court imposes another stay on Supreme Court ruling to consider parents’ arguments – UK Human Rights Blog

‘Following the Strasbourg Court’s request for interim measures for the UK – which means the hospital may not take Charlie Gard off life support as the Supreme Court has allowed it to do – the Supreme Court arranged a short hearing to take place Monday 19 June, to give directions. The Strasbourg Court has now put in place a further request that treatment and nursing care be continued beyond its original deadline of 19 June (see the press release from Strasbourg here: Gard and Others v. the UK) . This is because that Court has to consider the parents’ application that the case does not just concern Charlie’s right to die with dignity but their rights under Article 8 as his parents to be afforded respect for their decisions as to what is in Charlie’s interests.’

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UK Human Rights Blog, 20th June 2017

Source: ukhumanrightsblog.com

Council appeals £150k fine imposed over publication of sensitive data – Local Government Lawyer

‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 20th June 2017

Source: www.localgovernmentlawyer.co.uk