Category: human rights

Employment tribunal fees ‘barrier’ to justice in human rights cases, say MPs – Legal Voice

Posted April 12th, 2017 in employment tribunals, fees, human rights, news, select committees by sally

‘Employment tribunal fees were ‘a barrier to victims seeking justice when they have suffered human rights abuses’, according to an influential group of MPs. The House of Commons’ joint committee on human rights have added their collective voice to the justice and equalities committees in calling on the Government to cut the charges introduced in 2013.’

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Legal Voice, 11th April 2017

Source: www.legalvoice.org.uk

Jehovah’s Witnesses lose appeal to block New Moston inquiry – Law & Religion UK

Posted April 11th, 2017 in appeals, Charity Commission, human rights, inquiries, news, religious discrimination, tribunals, victims by sally

‘In Tayo & Ors (Trustees of Manchester New Moston Congregation of Jehovah’s Witnesses) v Charity Commission for England and Wales [2017] UKUT 134 (TCC), the trustees of Manchester New Moston Congregation of Jehovah’s Witnesses lost their appeal against the First Tier Tribunal’s refusal in 2015 – which we noted at the time – to review the Charity Commission’s decision to open a statutory inquiry into the charity under s 46 Charities Act 2011.’

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Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

Posted April 6th, 2017 in appeals, enforcement, financial regulation, human rights, news, notification, Supreme Court, third parties, tribunals by sally

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

Posted April 6th, 2017 in appeals, children, employment, families, human rights, immigration, news, remuneration, Supreme Court by sally

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

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UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

Posted April 6th, 2017 in employment tribunals, fees, human rights, news, reports, select committees, tribunals by sally

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

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Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

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Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

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Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

Immigration officers who claim promotion tests are discriminatory set to sue Home Office – Daily Telegraph

Posted April 6th, 2017 in age discrimination, civil servants, employment tribunals, human rights, immigration, news, race discrimination by sally

‘Black immigration officers struggled to pass promotion exams because the tests were racist, a court has heard. A group of 49 Home Office employees is now set to sue the Government over claims that the exams are discriminatory.’

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Daily Telegraph, 5th April 2017

Source: www.telegraph.co.uk

Freedom of speech, the Prevent duty and higher education – Law & Religion UK

Posted April 5th, 2017 in consultations, education, freedom of expression, human rights, legislation, news, religious discrimination, reports, terrorism prevention & investigation measures by sally

‘S 43 Education (No. 2) Act 1986 (Freedom of speech in universities, polytechnics and colleges) requires “Every individual and body of persons concerned in the government” of further and higher education institutions to “take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured” for staff, students and visiting speakers. The institutions must ensure, “so far as is reasonably practicable”, that use of the premises is not denied to anyone on any ground connected with their beliefs, views, policy or objectives. On the other hand, the Prevent duty in s 26 Counter-Terrorism and Security Act 2015 requires specified authorities – including relevant higher education bodies – to have due regard in the exercise of their functions to the need to prevent people from being drawn into terrorism.’

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Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

Assisted dying again: R (Conway) – Law & Religion UK

Posted April 5th, 2017 in assisted suicide, disabled persons, human rights, judges, judicial review, news by sally

‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’

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Law & Religion UK, 3rd April 2017

Source: www.lawandreligionuk.com

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

Posted April 5th, 2017 in adjournment, budgets, class actions, compensation, competition, damages, EC law, human rights, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Jehovah’s Witnesses congregation’s efforts to block inquiry squashed – The Guardian

Posted April 5th, 2017 in charities, Charity Commission, child abuse, Christianity, human rights, inquiries, news, religious discrimination, sexual offences, tribunals, victims by sally

‘A Jehovah’s Witnesses congregation in Manchester has lost a legal attempt to block an investigation into its handling of sexual abuse allegations, after failing to convince a judge that the inquiry amounted to religious discrimination.’

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The Guardian, 4th April 2017

Source: www.guardian.co.uk

Succession, partners and bright line rules – Nearly Legal

Posted April 4th, 2017 in appeals, declarations of incompatibility, housing, human rights, landlord & tenant, news, succession by sally

‘Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read compatibly? This was the issue in this appeal.’

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Nearly Legal, 3rd April 2017

Source: www.nearlylegal.co.uk

Judges once again avoid right to die issue – UK Human Rights Blog

Posted April 3rd, 2017 in assisted suicide, disabled persons, human rights, judges, judgments, judicial review, news by sally

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

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UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

28-day limit on police bail comes into force in the UK – The Guardian

Posted April 3rd, 2017 in bail, human rights, news, police, proportionality, time limits by sally

‘Police will face new curbs on their use of bail from Monday after coming under severe criticism for leaving people in legal limbo for months or even years.’

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Is Strasbourg law the law of England and Wales? – UK Human Rights Blog

Posted March 31st, 2017 in fees, human rights, legal aid, news, solicitors, statutory interpretation by sally

‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by sally

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Children: Public Law Update (March 2017) – Family Law Week

Posted March 30th, 2017 in children, damages, human rights, news by sally

‘John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.’

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Family Law Week, 28th March 2017

Source: www.familylawweek.co.uk

Floating rights – Nearly Legal

Posted March 28th, 2017 in appeals, canals, disabled persons, housing, human rights, news by sally

‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’

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Nearly Legal, 26th March 2017

Source: www.nearlylegal.co.uk

Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by sally

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

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The Guardian, 27th March 2017

Source: www.guardian.co.uk