The Big Fat Gypsy Judicial Review – UK Human Rights Blog

Posted February 27th, 2015 in codes of practice, complaints, gipsies, human rights, media, news, privacy, racism by tracey

‘Traveller Movement v Ofcom and Channel 4, [2015] EWHC 406 (Admin), 20 February 2015. One of the nation’s great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision-making of the media regulator.’

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UK Human Rights Blog, 26th February 2015

Source: www.ukhumanrightsblog.com

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Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 33; [2015] WLR (D) 83

‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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“Keep our kids safe from predators” FB page on the rampage again – UK Human Rights Blog

Posted February 26th, 2015 in damages, human rights, internet, news, privacy, release on licence by sally

‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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President of Family Division inveighs against social engineering in adoption proceedings – UK Human Rights Blog

Posted February 25th, 2015 in adoption, care orders, children, custody, drug abuse, families, family courts, human rights, news by sally

‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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Britain is leading the charge against basic human rights, Amnesty claims – The Independent

‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’

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The Independent, 25th February 2015

Source: www.independent.co.uk

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Egregious Failures by a Local Authority : Damages under the Human Rights Act in Care Proceedings: Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam)

Posted February 24th, 2015 in care orders, damages, grandparents, human rights, local government, news by sally

‘On 30 January 2015 Mr Justice Keehan handed down his judgment in Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam). It is another case where the Local Authority having breached parties Articles 6 and 8 rights in care proceedings the court awarded damages within care proceedings.’

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The World of Family Law (Garden Court Chambers), 23rd February 2015

Source: www.gcfamily.wordpress.com

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More bereaved families to get legal aid at inquests if state was involved in death – The Guardian

‘More bereaved families will be entitled to legal aid at inquests after a high court judge ruled that official guidance on whether to provide support was “misleading and inaccurate”.’

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The Guardian, 20th February 2015

Source: www.guardian.co.uk

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Too many deaths in custody are preventable but staff lack mental health expertise, says human rights body – The Independent

Posted February 23rd, 2015 in death in custody, human rights, inquiries, mental health, news, prisons, statistics, suicide by sally

‘Hundreds of deaths in psychiatric units, prisons and police cells between 2010 and 2013 were avoidable and were caused by repeated “basic errors” by staff ignorant of mental-health risks, human rights advocates have said.’

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The Independent, 23rd February 2015

Source: www.independent.co.uk

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Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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Zenati v Commissioner of Police of the Metropolis and another – WLR Daily

Posted February 19th, 2015 in appeals, false imprisonment, freedom of movement, human rights, law reports, police by sally

Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74

‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’

WLR Daily, 11th February 2015

Source: www.iclr.co.uk

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UK admits unlawfully monitoring legally privileged communications – The Guardian

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

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The Guardian, 18th February 2015

Source: www.guardian.co.uk

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In re Law Society – WLR Daily

Posted February 18th, 2015 in data protection, documents, human rights, law reports, Law Society, privacy, solicitors by sally

In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60

‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

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In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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The Investigatory Powers Tribunal and the rule of law – UK Human Rights Blog

‘Despite being hailed as an ‘historic victory in the age-old battle for the right to privacy and free expression’, closer examination of a recent ruling by the Investigatory Powers Tribunal (‘IPT’) reveals it to have been a hollow victory.’

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UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

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Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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Privacy watchdog launches ‘Did GCHQ spy on you?’ campaign to allow citizens to find out if they were under surveillance – The Independent

Posted February 17th, 2015 in data protection, human rights, intelligence services, news, privacy, tribunals by sally

‘A new campaign by human rights watchdog Privacy International could allow millions of citizens in Britain and elsewhere to have data that was collected on them deleted.’

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The Independent, 16th February 2015

Source: www.independent.co.uk

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The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

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Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’

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UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

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