Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

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UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

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Investigatory powers bill: snooper’s charter lacks clarity, MPs warn – The Guardian

‘The government’s investigatory powers bill lacks clarity and is sowing confusion among tech firms about the extent to which “internet connection records” will be collected, a parliamentary select committee has warned.’

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The Guardian, 1st February 2016

Source: www.guardian.co.uk

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Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

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BBC News, 22nd January 2016

Source: www.bbc.co.uk

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Finding proportionality in surveillance laws – OUP Blog

Posted January 19th, 2016 in bills, investigatory powers, news, proportionality by sally

‘The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age.” It is fair to say this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas.’

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OUP Blog, 17th January 2016

Source: www.blog.oup.com

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High Court: you can beat up a burglar without breaching their human rights – Daily Telegraph

Posted January 18th, 2016 in burglary, human rights, news, proportionality, self-defence by tracey

‘Householders can use a “disproportionate” level of force to protect themselves against intruders in their home, the High Court has confirmed in a landmark ruling.’

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Daily Telegraph, 16th January 2016

Source: www.telegraph.co.uk

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Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

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David Miranda in fresh challenge over Heathrow detention – The Guardian

‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

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Making new criminal offences – Ministry of Justice

Posted December 3rd, 2015 in crime, criminal justice, Ministry of Justice, news, proportionality by tracey

‘This guidance is for officials who may be considering creating new criminal offences or amending existing criminal offences.’

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Ministry of Justice, 2nd December 2015

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

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Speech by Lord Dyson: Is Judicial Review a Threat to Democracy? – Courts and Tribunals Judiciary

Posted December 3rd, 2015 in civil justice, judicial review, proportionality, speeches by tracey

‘Speech by Rt Hon Lord Dyson, Master of the Rolls at The Sultan Azlan Shah Lecture.’

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Courts and Tribunals Judiciary, 2nd December 2015

Source: www.judiciary.gov.uk

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Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’

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Law Society’s Gazette, 2nd December 2015

Source: www.lawgazette.co.uk

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Ruling on interim costs payment reveals judge’s proportionality concern – Litigation Futures

Posted November 13th, 2015 in costs, law firms, negligence, news, proportionality by tracey

‘A claimant law firm has been given a major shot across the bows over its costs claim in a clinical negligence case after a High Court judge heavily reduced the sum its client sought as payment on account of costs, on the grounds of both proportionality and necessity.’

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Litgiation Futures, 13th November 2015

Source: www.litigationfutures.com

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Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

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Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

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Criminal courts charge denied compensation to rape victim, MPs told – The Independent

‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’

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The Independent, 27th October 2015

Source: www.independent.co.uk

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Julian Assange: Scotland Yard ends 24-hour guard on Ecuadorian embassy – Daily Telegraph

Posted October 13th, 2015 in costs, embassies, extradition, news, police, proportionality by tracey

‘Police officers have stopped guarding the embassy in London where the Wikileaks founder took refuge, saying it is no longer “proportionate.” ‘

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Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

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CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog

Posted October 9th, 2015 in EC law, elections, France, news, prisons, proportionality by tracey

‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’

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UK Human Rights Blog, 9th October 2015

Source: www.ukhumanrightsblog.com

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EU court ruling favours UK prisoner vote ban – BBC News

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons, proportionality by sally

‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’

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BBC News, 6th October 2015

Source: www.bbc.co.uk

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‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

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Panopticon, 1st October 2015

Source: www.panopticonblog.com

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Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

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Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

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Pressure grows to scrap controversial new financial penalties for anyone convicted of a crime -The Independent

‘The outcry over the new financial penalties for anyone convicted of a crime presents Michael Gove with a crucial test of his willingness to jettison flawed policies inherited from Chris Grayling, his predecessor as Justice Secretary and Lord Chancellor.’

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The Independent, 11th September 2015

Source: www.independent.co.uk

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Refusing a subject access request: proportionality, anxious scrutiny and judicial discretion – Panopticon

Posted August 26th, 2015 in burden of proof, data protection, disclosure, news, police, proportionality by sally

‘Zaw Lin and Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB), a judgment of Green J handed down today, is an interesting – if somewhat fact-specific – contribution to the burgeoning body of case law on how subject access requests (SARs) made under the Data Protection Act 1998 (DPA) should be approached, both by data controllers and by courts.’

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Panopticon, 25th August 2015

Source: www.panopticonblog.com

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