R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

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Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

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Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

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UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com

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New Deepcut inquest to be held into death of Cheryl James – BBC News

Posted July 18th, 2014 in armed forces, human rights, inquests, news, young persons by tracey

‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’

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BBC News, 18th July 2014

Source: www.bbc.co.uk

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Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

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Tory Human Rights Plans, Child Abuse Inquiry and the Burqa Ban – the Human Rights Roundup – UK Human Rights Blog

Posted July 17th, 2014 in bills, freedom of expression, human rights, inquiries, judges, news by tracey

‘This week, the role of Lady Butler-Sloss in the forthcoming inquiry into child abuse is challenged, while the government pushes for emergency legislation to monitor phone and internet records. Meanwhile, the European Court of Human Right upholds France’s niqab ban and the Tories get closer to announcing their plans for human rights reform.’

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UK Human Rights Blog, 17th July 2014

Source: www.ukhumanrightsblog.com

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Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says – UK Constitutional Law Association

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective of the Legal Aid, Sentencing and Punishment of Offenders Act (“LASPO”). The ratio of the judgment was that the residence test had been introduced via an amendment to the schedule in the Act (that is, via subsidiary legislation) that was not compatible with the objective of the primary legislation. While that sounds like a rather technical decision, it has important ramifications for democratic accountability. It means, in essence, that if the government wants to make such a drastic change as this, it will need to do so via an amendment to the Act itself, with the full Parliamentary debate that that would entail. The case is also interesting because of the two rights-based grounds that were argued before it. The first, that the introduction of a residence requirement violated the fundamental right of access to a court, the court declined to engage with. The second was that residence was not a lawful ground for discriminating in the provision of legal aid between equally meritorious claims. The court accepted this claim, but apparently in obiter dicta, since only the statutory construction point was strictly required to reach the outcome.’

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UK Constitutional Law Association, 17th July 2014

Source: www.ukconstitutionallaw.org/blog

 

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My Left Shin – NearlyLegal

Posted July 17th, 2014 in appeals, human rights, legal aid, news, regulations, ultra vires by tracey

‘In years to come, we may all wonder what all the fuss was about, but Tuesday’s judgement in R (Public Law Project) v the Secretary of State for Justice has provided some relief and not a little amusement to legal aid practitioners girding themselves for yet another grim landmark in the legal aid story: the residence test.’

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NearlyLegal, 17th July 2014

Source: www.nearlylegal.co.uk/blog/

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Legal aid residence test held ‘discriminatory and unlawful’ – LegalVoice

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘The Administrative Court has declared that the proposed residence test for civil legal aid is discriminatory and unlawful, following a successful judicial review challenge against the Secretary of State for Justice. The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into UK law by the Human Rights Act 1998.’

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LegalVoice, 16th July 2014

Source: www.legalvoice.org.uk

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The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by tracey

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Successful A1P1 claims by photovoltaics – Human Rights Blog

Posted July 15th, 2014 in contracts, energy, human rights, news by tracey

‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’

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UK Human Rights Blog, 13th July 2014

Source: www.ukhumanrightsblog.com

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Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

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Ethiopian man takes UK to court over resettlement policy – BBC News

Posted July 15th, 2014 in government departments, human rights, judicial review, news by tracey

‘A legal battle has been launched by an Ethiopian citizen who claims the UK has helped to fund a “brutal” resettlement programme in his country. The man, who can only be referred to as “O”, won permission to seek a judicial review at London’s High Court. He wants a ruling that the UK acted unlawfully by providing aid to Ethiopia without assessing its human rights record.’

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BBC News, 14th July 2014

Source: www.bbc.co.uk

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Child abuse victims to sue Government – The Independent

‘An alleged victim of historical child abuse has instructed lawyers over his intention to take legal action, claiming the Government is in breach of its obligations to victims of abuse. The victim, who has asked not to be named for legal reasons, believes the government has not lived up to Article 8 of the European Convention on Human Rights, which guarantees respect for home life. Had it done so, it is claimed, many more victims would have come forward to assist the police. The victim is an alleged survivor of child abuse at Grafton Close, a care home run by Richmond Borough Council in south-west London.’

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The Independent, 13th July 2014

Source: www.independent.co.uk

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Sex offender avoids deportation by claiming ‘right to family life’ with kids he’ll never see – Daily Telegraph

Posted July 14th, 2014 in deportation, families, human rights, news, sexual offences by sally

‘A foreign sex offender has been allowed to remain in Britain because of his “right to family life” with his two young children, even though they are about to be adopted.’

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Daily Telegraph, 13th July 2014

Source: www.telegraph.co.uk

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Family comes first (even if they’re in Poland) – UK Human Rights Blog

Posted July 11th, 2014 in adoption, appeals, care orders, families, grandparents, human rights, news by sally

‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’

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UK Human Rights Blog, 10th July 2014

Source: www.ukhumanrightsblog.com

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Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

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Care Orders and Home Placements: removal and the public funding conundrum – Family Law Week

‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’

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Family Law Week, 7th July 2014

Source: www.familylawweek.co.uk

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