Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

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Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

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UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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Legal aid: children and the residence test – government response to the JCHR – Ministry of Justice

Posted September 5th, 2014 in children, domestic violence, human rights, legal aid, reports by tracey

‘Government response to the Joint Committee on Human Rights’ (JCHR) first report of the 2014 to 2015 session.’

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Ministry of Justice, 4th September 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Terror suspect Haroon Aswat’s extradition approved – BBC News

Posted September 4th, 2014 in conspiracy, extradition, human rights, news, terrorism by sally

‘A terror suspect accused of conspiring with radical cleric Abu Hamza al-Masri can be extradited to the US, the High Court has ruled.’

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BBC News, 4th September 2014

Source: www.bbc.co.uk

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Human rights legislation in the UK: a cut-out-and-keep guide – The Guardian

Posted September 1st, 2014 in EC law, elections, human rights, jurisdiction, news, parliament, prisons by sally

‘Ever wondered what the difference is between the human rights convention and the Human Rights Act? This may help.’

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The Guardian, 1st September 2014

Source: www.guardian.co.uk

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Jamaican crook dodges deportation – Daily Telegraph

Posted September 1st, 2014 in assault, asylum, deportation, firearms, homosexuality, human rights, news, robbery, theft by sally

‘A ‘career criminal’ has avoided being removed to Jamaica after falsely claiming he was gay and would be persecuted in his home country.’

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Daily Telegraph, 29th August 2014

Source: www.telegraph.co.uk

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No, The Sun, “Euro judges” do not “go against UK in 3 out of 5 cases”. More like 1 in 100 – UK Human Rights Blog

Posted August 28th, 2014 in courts, human rights, judgments, media, news, statistics by sally

‘Sun has got it badly wrong on human rights. Again. On 24 August 2014 Craig Woodhouse reported that “Euro judges go against UK in 3 out of 5 cases” (£). This is false and seriously misleading.’

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UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

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Rape case warning over Tory plan to rewrite human rights law – The Guardian

Posted August 28th, 2014 in human rights, news, rape, victims by sally

‘Victims of rape may experience a decline in the standards of police investigations if David Cameron presses ahead with plans to scrap the Human Rights Act and loosen Britain’s commitments under the European convention on human rights, a new campaign warns.’

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The Guardian, 27th August 2014

Source: www.guardian.co.uk

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EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 27th August 2014

Source: www.out-law.com

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Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

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NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

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In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

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What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

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Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

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City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

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Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

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Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

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Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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British arms sales to Israel face high court challenge – The Guardian

‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’

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The Guardian, 16th August 2014

Source: www.guardian.co.uk

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Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

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UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

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The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

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Legal Week, 13th August 2014

Source: www.legalweek.com

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Veto of human rights rulings will damage Britain’s stance on Iraq, Dominc Grieve warns – Daily Telegraph

Posted August 13th, 2014 in elections, human rights, international relations, news, prisons, veto by sally

‘Dominic Grieve warns that a veto on European Court of Human Rights rulings would be a ‘disaster’ and would would place Britain in ‘great difficulty in terms of our international standing on human rights’.’

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Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

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