Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

Full story

UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

Comments Off on Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

Why a Tribunal has mis-applied human rights law in closing an independent religious school – Education Blog

Posted August 26th, 2016 in education, human rights, Islam, news, proportionality by sally

‘In a very recent appeal against a decision to deregister a school whose curriculum centred around the Muslim faith, the First Tier Tribunal has attempted to apply Article 9. It appears, however, to have got it wrong.’

Full story

Education Blog, 25th August 2016

Source: www.education11kbw.com

Comments Off on Why a Tribunal has mis-applied human rights law in closing an independent religious school – Education Blog

Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice – Cloisters

‘In this third article Declan O’Dempsey looks at the concept of “British Values” in the context of the Prevent Duty. It appears in the definition of “extremism” in the Guidance. British values are mentioned in the Guidance. However only examples are given of what constitute British values. In a post Brexit discussion these values have taken on a more important aspect. To what extent is tolerance a British Value?’

Full story

Cloisters, 16th August 2016

Source: www.cloisters.com

Comments Off on Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice – Cloisters

Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities – Cloisters

‘In his fourth article on Prevent Duty Declan O’Dempsey looks at the similarities between the Prevent Duty to have due regard and consider what the practical application of that duty to have due regard will look like in the light of the existing body of case law on the analogous s 149 of the Equality Act 2010.’

Full story

Cloisters, 22nd August 2016

Source: www.cloisters.com

Comments Off on Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities – Cloisters

Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

Full story

Panopticon, 25th August 2016

Source: www.panopticonblog.com

Comments Off on Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Met police breached data protection laws to spy on own officer – Daily Telegraph

Posted August 25th, 2016 in damages, data protection, human rights, London, news, police by sally

‘Scotland Yard breached data protection laws to spy on one of its own officers while she was on sick leave, it has emerged.’

Full story

Daily Telegraph, 24th August 2016

Source: www.telegraph.co.uk

Comments Off on Met police breached data protection laws to spy on own officer – Daily Telegraph

People of colour and poor whites failed by justice system – report – Law Society’s Gazette

Posted August 23rd, 2016 in criminal justice, equality, human rights, news, racism, reports by sally

‘A new report from a leading equality watchdog has cited fresh evidence suggesting that the criminal justice system is institutionally racist.’

Full story

Law Society’s Gazette, 18th August 2016

Source: www.lawgazette.co.uk

Comments Off on People of colour and poor whites failed by justice system – report – Law Society’s Gazette

UK bill of rights will not be scrapped, says Liz Truss – The Guardian

Posted August 23rd, 2016 in bills, human rights, legislation, news by sally

‘A British bill of rights will go ahead as promised, the justice secretary, Liz Truss, has said, though she refused to give a timeframe for any detailed proposals.’

Full story

The Guardian, 22nd August 2016

Source: www.guardian.co.uk

Comments Off on UK bill of rights will not be scrapped, says Liz Truss – The Guardian

Rights group challenges FoI refusal in Libyan rendition case – The Guardian

‘A human rights group has challenged the government’s refusal to disclose whether ministers or Downing Street officials were involved in a decision not to prosecute anyone over an espionage operation to kidnap two Libyan dissidents.’

Full story

The Guardian, 21st August 2016

Source: www.guardian.co.uk

Comments Off on Rights group challenges FoI refusal in Libyan rendition case – The Guardian

Children: Public Law Update (August 2016) – Family Law Week

Posted August 19th, 2016 in adoption, child abuse, children, fostering, human rights, news, privilege by tracey

‘John Tughan QC, 4 Paper Buildings, reviews recent decisions relevant to public children lawyers, including two important recent decisions of the Court of Appeal.’

Full story

Family Law Week, 11th August 2016

Source: www.familylawweek.co.uk

Comments Off on Children: Public Law Update (August 2016) – Family Law Week

Father’s hopes for single parent surrogacy law change – BBC News

Posted August 18th, 2016 in equality, human rights, news, parental responsibility, surrogacy by tracey

‘A father who won a groundbreaking legal case on Britain’s surrogacy laws has told the BBC he hopes he will soon be given the same rights as other parents.’

Full story

BBC News, 17th August 2016

Source: www.bbc.co.uk

Comments Off on Father’s hopes for single parent surrogacy law change – BBC News

Law firms urged to lead fight against modern slavery – Legal Futures

Posted August 16th, 2016 in human rights, law firms, news, trafficking in human beings by sally

‘Law firms should be at the forefront of the fight against modern slavery, both in terms of their own impact as businesses and advising clients on meeting their human rights obligations, the Law Society has urged.’

Full story

Legal Futures, 16th August 2016

Source: www.legalfutures.co.uk

Comments Off on Law firms urged to lead fight against modern slavery – Legal Futures

Iraq War: Public Interest Lawyers closes down – BBC News

‘The law firm Public Interest Lawyers, which submitted multiple allegations of misconduct by British troops during the Iraq War, is to close.’

Full story

BBC News, 15th August 2016

Source: www.bbc.co.uk

Comments Off on Iraq War: Public Interest Lawyers closes down – BBC News

Hundreds of compensation claims against British soldiers could be abandoned after controversial law firm announces closure – Daily Telegraph

‘Hundreds of compensation claims against British soldiers are likely to be abandoned after a controversial law firm accused of “hounding” troops announced that it is closing.’

Full story

Daily Telegraph, 15th August 2016

Source: www.telegraph.co.uk

Comments Off on Hundreds of compensation claims against British soldiers could be abandoned after controversial law firm announces closure – Daily Telegraph

New doubts over human rights law reform – Law Society’s Gazette

Posted August 12th, 2016 in bills, EC law, human rights, news, prisons, referendums, Scotland by sally

‘A draft British bill of rights prepared by the former justice secretary Michael Gove has been rejected by the prime minister, a newspaper reported this morning – prompting speculation that the long-promised reform could be abandoned.’

Full story

Law Society’s Gazette, 10th August 2016

Source: www.lawgazette.co.uk

Comments Off on New doubts over human rights law reform – Law Society’s Gazette

Trans women are being forced to get divorced just to claim their pension – The Independent

‘Where an individual is recognised by the state in her passport and driving licence as a woman, why should she be required to end her marriage just to claim the pension that is rightfully hers?’

Full story

The Independent, 11th August 2016

Source: www.independent.co.uk

Comments Off on Trans women are being forced to get divorced just to claim their pension – The Independent

CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

‘C (a child) [2016] EWCA Civ 798. This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie.’

Full story

UK Human Rights Blog, 9th August 2016

Source: www.ukhumanrightsblog.com

Comments Off on CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’

Full story

UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

Comments Off on Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

‘The Independent spoke to a media lawyer about whether Bloom’s legal right to privacy has been invaded by publication of the pictures’

Full story

The Independent, 5th August 2016

Source: www.independent.co.uk

Comments Off on Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

When does the refusal to provide accommodation to an applicant breach Article 3? – Nearly Legal

Posted August 5th, 2016 in housing, human rights, local government, news by tracey

‘In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to provide accommodation under s.1, Localism Act 2011 to avoid a breach of Article 3 of the European Convention of Human Rights. The result – which was positive for GS – is potentially of considerable assistance for similar people.’

Full story

Nearly legal, 3rd August 2016

Source: www.nearlylegal.co.uk

Comments Off on When does the refusal to provide accommodation to an applicant breach Article 3? – Nearly Legal