British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

UK’s claims over Saudi bombing in Yemen ‘deeply disappointing’, say MPs – The Guardian

‘The British government’s claim that Saudi Arabia’s bombing campaign in Yemen has not breached international humanitarian law is “deeply disappointing” and contributes to an “anything goes” attitude from the opposing sides in the conflict, the international development select committee has said.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

UK has ‘legal duty’ to challenge Saudi Arabia over Yemen airstrikes – The Guardian

Posted April 14th, 2016 in international law, news, war, weapons by sally

‘The British government must challenge Saudi Arabia over whether it is using UK weapons to breach international humanitarian law by launching indiscriminate airstrikes in Yemen, a leading lawyer has told the UK arms export control select committee.’

Full story

The Guardian, 13th April 2016

Source: www.guardian.co.uk

English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

Full story

OUT-LAW.com, 4th April 2016

Source: www.out-law.com

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

Full story

OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

Outsourcing and use of litigation assistants – Bar Council

‘Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants.’

Full story

Bar Council, 17 February 2016

Source: http://www.barcouncil.org.uk

No 10 faces legal challenge over ministerial code rewrite – The Guardian

Posted February 12th, 2016 in codes of practice, international law, ministers' powers and duties, news by sally

‘Downing Street is facing a legal challenge to restore 13 words deleted from the ministerial code that appeared to remove the government’s obligation to uphold international law.’

Full story

The Guardian, 11th February 2016

Source: www.guardian.co.uk

Human rights groups condemn steep rise in UK arms sales to Saudis – The Guardian

Posted January 20th, 2016 in EC law, human rights, international law, news, Saudi Arabia, statistics, weapons by sally

‘More than £1bn worth of bombs, missiles and rockets were sold under government licence to Saudi Arabia over three months last summer, according to human rights groups.’

Full story

The Guardian, 19th January 2016

Source: www.guardian.co.uk

When humanitarian law meets human rights – OUP Blog

Posted December 15th, 2015 in human rights, international law, news, treaties, war by sally

‘As we reflect on Human Rights Month and the implications of conflict throughout 2015, we have asked some of the humanitarian law scholars who contributed to the new Geneva Conventions Commentary to explore the interplay between these two important legal disciplines, and how we should approach them in the future.’

Full story

OUP Blog, 15th December 2015

Source: www.blog.oup.com

Lord Woolf warns of ‘dangers’ and ‘expense’ of scrapping Human Rights Act – Daily Telegraph

Posted November 11th, 2015 in deportation, EC law, human rights, international law, judges, news, treaties by sally

‘Abolishing current human rights laws will create uncertainty and give clever lawyers a field day, says former Lord Chief Justice.’

Full story

Daily Telegraph, 10th November 2015

Source: www.telegraph.co.uk

Human rights group challenges Government’s change to ministerial code – Daily Telegraph

‘Rights Watch UK describes the Government’s bid to the change the code – which sets out standards expected from ministers – to disregard international law was ‘seriously concerning’.’

Full story

Daily Telegraph, 26th October 2015

Source: www.telegraph.co.uk

Lawyers express concern over ministerial code rewrite – The Guardian

‘Conservative ministers have been accused of quietly abandoning the longstanding principle that members of the government should be bound by international law.’

Full story

The Guardian, 22nd October 2015

Source: www.guardian.co.uk

Part 6 of the Immigration Bill – Free Movement

‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’

Full story

Free Movement, 13th October 2015

Source: www.freemovement.org.uk

Climate Change & Rule of Law: Lecture by Philippe Sands QC chaired by Lord Carnwath – Supreme Court

Posted October 6th, 2015 in environmental protection, international law, news, rule of law, speeches by sally

‘In the run up to the climate change negotiations in Paris this December, Professor Philippe Sands QC delivered a public lecture at the UK Supreme Court focusing on the role of international law and judges in addressing legal issues relating to climate change.’

YouTube

Supreme Court, 18th September 2015

Source: www.youtube.com/user/UKSupremeCourt

Syria drone strikes: UK attorney general refuses to disclose advice – The Guardian

‘The attorney general has refused to disclose his advice about the legality of RAF drone strikes in Syria, citing collective cabinet responsibility and the need for law officers to give “full and frank” opinions.’

Full story

The Guardian, 16th September 2015

Source: www.guardian.co.uk

Was it lawful for UK forces to kill British Isis fighters in Syria? – The Guardian

Posted September 9th, 2015 in armed forces, international law, news, self-defence, terrorism by sally

‘On the facts as we know them, this unprecedented attack on British would-be terrorists appears to be within the law.’

Full story

The Guardian, 7th September 2015

Source: www.guardian.co.uk

Who, What, Why: When is it legal to kill your own citizens? – BBC News

Posted September 9th, 2015 in armed forces, international law, news, self-defence, terrorism, United Nations by sally

‘Two British jihadists from the Islamic State group were killed by a RAF drone strike in Syria. What’s the legal status of the attack?’

Full story

BBC News, 8th September 2015

Source: www.bbc.co.uk

The legal fog of war among the people – UK Human Rights Blog

Posted August 6th, 2015 in appeals, armed forces, detention, human rights, international law, news by sally

‘The Court of Appeal has held that UK armed forces breached both Afghan law and Article 5 of the ECHR by detaining a suspected Taliban commander for longer than the 96 hours permitted by ISAF policy.’

Full story

UK Human Rights Blog, 5th August 2015

Source: www.ukhumanrightsblog.com

British forces illegally detained Afghan suspect, court of appeal rules – The Guardian

‘An Afghan suspect was detained illegally by British forces for almost four months and denied access to a lawyer, the court of appeal has ruled. Serdar Mohammed, who was captured by UK soldiers in April 2010, was not handed over to the Afghan security services until July that year, despite regulations requiring any transfer to take place within 96 hours. Mohammed, who was eventually released earlier this year to return to his home in Helmand province, claimed that the Afghan authorities tortured him.’

Full story

The Guardian, 30th July 2015

Source: www.guardian.co.uk