Travails of the War Horse orchestra – UK Human Rights Blog

Posted April 24th, 2014 in artistic works, contract of employment, human rights, news, redundancy, theatre by tracey

‘Ashworth and others v the Royal National Theatre [2014] 1176. Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how profoundly moving was the live music, with the musicians visible along the sides of the theatre above the stage. Since that highly successful (and profitable) first season the role of the orchestra had been radically reduced, and now looks as if it is about to vanish altogether.’

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UK Human Rights Blog, 23rd April 2014

Source: www.ukhumanrightsblog.com

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Cornish to be given ‘national minority’ status – Daily Telegraph

Posted April 24th, 2014 in equality, human rights, minorities, news, race discrimination by tracey

‘Danny Alexander, the Chief Secretary to the Treasury, announces the Cornish will be given same status as people from Wales, Scotland and Northern Ireland.’

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Daily Telegraph, 24th April 2014

Source: www.telegraph.co.uk

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Article 11: Right to strike and insecure workers – UK Human Rights Blog

‘Two different bodies in the last week have reflected on issues concerning the fundamental imbalance in the employment relationship.’

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UK Human Rights Blog, 22nd April 2014

Source: www.ukhumanrightsblog.com

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Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog

‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’

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UK Human Rights Blog, 18th April 2014

Source: www.ukhumanrightsblog.com

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Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Lord Chief Justice steps into Strasbourg row – Daily Telegraph

Posted April 17th, 2014 in courts, extradition, human rights, judges, news, terrorism by tracey

‘Lord Thomas of Cwmgiedd urges European Court of Human Rights to leave terror extradition decisions to British courts.’

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Daily Telegraph, 16th April 2014

Source: www.telegraph.co.uk

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Haroon Aswat extradition decision postponed until June – BBC News

Posted April 16th, 2014 in extradition, human rights, mental health, news, terrorism by tracey

‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

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UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

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Closed Material – London Review of Books

‘Nicholas Phillips on the problems posed by the use of secret evidence.’

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London Review of Books, 17th April 2014

Source: www.lrb.co.uk

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Unwitting former partner plans legal action to prevent police from returning jailed paedophile’s laptop – The Independent

Posted April 11th, 2014 in child abuse, human rights, indecent photographs of children, news, police by sally

‘The unwitting former partner of a paedophile is planning legal action after a police force said it was powerless to retain or destroy the abuser’s laptop which contains photographs of his young victims wearing swimwear and leotards.’

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The Independent, 11th April 2014

Source: www.independent.co.uk

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Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act – Family Law Week

Posted April 9th, 2014 in children, families, human rights, immigration, local government, news by sally

‘Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

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“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog

‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’

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UK Human Rights Blog, 8th April 2014

Source: www.ukhumanrightsblog.com

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Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers

Posted April 8th, 2014 in human rights, news, repossession, trespass by sally

‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’

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Hardwicke Chambers, 18th March 2014

Source: www.hardwicke.co.uk

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Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

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New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

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Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

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Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

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Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court

Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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