Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

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Dinah Rose QC: “Give MPs a constitution crash course” – The Lawyer

Posted October 30th, 2014 in barristers, constitutional law, human rights, news, parliament, rule of law, speeches by sally

‘New Members of Parliament should be given training on the constitution and the rule of law, one of the UK’s most prominent barristers has suggested.’

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The Lawyer, 29th October 2014

Source: www.thelawyer.com

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Naked Rambler loses at European court over right to public nudity – The Guardian

‘A man known as the Naked Rambler has lost his case at the European court of human rights where, he claimed he had a right to bare all in public.’

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The Guardian, 28th October 2014

Source: www.guardian.co.uk

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Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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Separated families and bedroom tax – NearlyLegal

Posted October 24th, 2014 in benefits, children, families, housing, human rights, news by sally

‘This was the Liberty backed judicial review of the bedroom tax regulations on the basis that the regulations amounted to an article 8 breach, or an article 14 breach read with article 8, or that the regulations were irrational. At issue was the status of separated families where there was shared care.’

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NearlyLegal, 23rd October 2014

Source: www.nearlylegal.co.uk

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“UK must not think only of itself”: Massacre families urge UK not to leave ECHR – UK Human Rights Blog

Posted October 24th, 2014 in human rights, news, rule of law by sally

‘The Conservative Party’s proposals to introduce a British Bill of Rights and Responsibilities that would weaken the UK’s obligations under the European Convention on Human Rights (ECHR) – and the legal chaos that would ensue if it was ever enacted – have been hotly debated. The proposal makes clear that if the Council of Europe was to reject the UK’s unilateral move, as it would be bound to, the UK ‘would be left with no alternative but to withdraw’ from the Convention.’

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UK Human Rights Blog, 24th October 2014

Source: www.ukhumanrightsblog.com

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

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Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

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R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

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Human Rights: Philosophy and History – Gresham College

Posted October 22nd, 2014 in human rights, legal history, magna carta, news, United Nations by sally

‘The philosophical and historical development of what may be regarded as essential human rights will be traced. It is essential to understand this development before criticising – or complaining about – modern Human Rights law.’

Transcript

Gresham College, 15th October 2014

Source: www.gresham.ac.uk

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British Jihadists and treason – UK Human Rights Blog

‘The news last week was that the Foreign Secretary has proposed a revival of a fourteenth century statute in order to prosecute British jihadists who travel to Iraq or Syria to fight. Cries of foul are coming from the usual quarters, and there’s even a protest that the Strasbourg Court would object, which, given the current controversy surrounding that tribunal, may be a good reason in itself for such a move.’

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UK Human Rights Blog, 21st October 2014

Source: www.ukhumanrightsblog.com

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Can a kiss on a bus count as public disorder? – The Guardian

Posted October 21st, 2014 in freedom of expression, homosexuality, human rights, news, public order by sally

‘The song was wrong – a kiss isn’t just a kiss. Or at least not on the No 89 to Blackheath, according to two passengers who say they were kicked off their London bus when the driver objected to their public display of affection.’

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The Guardian, 20th October 2014

Source: www.guardian.co.uk

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White collar crime reform considered – Law Society’s Gazette

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

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Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

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Judge calls for more openness in controversial secret court – Daily Telegraph

‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’

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Daily Telegraph, 17th October 2014

Source: www.telegraph.co.uk

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Building a super-prison for children is a terrible idea – The Guardian

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

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Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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