MoD could face manslaughter charges over training deaths following calls it should lose immunity from prosecution – The Independent

‘The British military could face charges of corporate manslaughter under landmark changes in law being proposed by a parliamentary committee.’

Full story

The Independent, 24th April 2016

Source: www.independent.co.uk

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Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

Full story

The Guardian, 22nd March 2016

Source: www.guardian.co.uk

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Ministry of Defence escapes prosecution over deaths on SAS march – The Independent

‘The Ministry of Defence has escaped prosecution over the deaths of three soldiers on an SAS selection course, only thanks to a convention that it is granted immunity, it has been confirmed.’

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The Independent, 2nd March 2016

Source: www.independent.co.uk

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Undercover policing inquiry: officers giving evidence might receive immunity – The Guardian

Posted July 29th, 2015 in evidence, immunity, inquiries, news, police, spying by sally

‘Undercover police officers who disclose crucial evidence to a public inquiry into the covert infiltration of political groups could be given immunity from prosecution.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

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Immunity guaranteed for whistleblowers in child sex abuse inquiry – Attorney General’s Office

‘Individuals providing certain evidence to the Independent Inquiry into Child Sexual Abuse can do so without fear of prosecution.’

Full press release

Attorney General’s Office, 9th July 2015

Source: www.gov.uk/ago

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Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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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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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.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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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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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.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

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Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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Analysis: Why can’t we sue the police for negligence? – BBC News

Posted January 29th, 2015 in appeals, human rights, immunity, negligence, news, police, public interest, Supreme Court by sally

‘You call the police in your moment of need and they don’t turn up until it’s too late.’

Full story

BBC News, 28th January 2015

Source: www.bbc.co.uk

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Family of woman killed by ex-partner loses battle to sue police for negligence – The Guardian

Posted January 29th, 2015 in appeals, domestic violence, families, immunity, murder, negligence, news, police, Supreme Court by sally

‘A family has lost its battle in the supreme court for the right to sue police for negligence over the death of a young mother killed by her ex-boyfriend in fit of jealous rage.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Give slavery victims ‘freedom from prosecution for minor crimes’ – The Guardian

Posted January 28th, 2015 in bills, crime, forced labour, gangs, immunity, news, police, prosecutions, victims by tracey

‘Granting victims of slavery immunity from prosecution to give evidence about exploitation will be a key tool in tackling organised gangs, according to the officer in charge of coordinating new investigative powers.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Prince Andrew: the legal issues – Halsbury’s Law Exchange

Posted January 27th, 2015 in immunity, news, royal family, treaties, witnesses by sally

‘If the UK press love a sex scandal and a good royal story, imagine what you get when you put the two together. This month the news broke that victims of Jeffrey Epstein, an American paedophile, were attempting to sue Prince Andrew alleging, amongst other things, that she was coerced into having sex with him when she was 17.’

Full story

Halsbury’s Law Exchange, 26th January 2015

Source: www.halsburyslawexchange.co.uk

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Blair: without IRA letters, peace process would have collapsed – The Guardian

‘Giving evidence to MPs, former prime minister defends his role in allowing the on-the-run scheme in 1999.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

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Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

Full story

UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

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Government wants impunity from UK courts over torture, judges told – The Guardian

Posted July 22nd, 2014 in immunity, intelligence services, news, rendition, torture by sally

‘The government is determined to prevent ministers and officials from being accountable to the courts for colluding in wrongdoing abroad even if it involves torture, three of the country’s most senior judges were warned on Monday.’

Full story

The Guardian, 21st July 2014

Source: www.guardian.co.uk

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