Leaving the EU—impact on case law and legislation – Halsbury’s Law Exchange

Posted August 14th, 2015 in bills, EC law, news, referendums, treaties by tracey

‘If the UK votes to leave the EU what will be the impact on case law and legislation? Tim Eicke QC, a leading public and EU law advocate, looks at some of the issues that might arise domestically and internationally with a decision to leave the Union.’

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Halsbury’s Law Exchange, 13th August 2015

Source: www.halsburyslawexchange.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by tracey

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

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Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk

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Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

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Tory plans will destroy human rights across Europe, warns Dominic Grieve – The Guardian

Posted June 12th, 2015 in bills, human rights, news, repeals, treaties by sally

‘It will be impossible to enforce human rights across Europe if the Conservative party carries out its threat to withdraw from the Strasbourg court, the former attorney general Dominic Grieve QC has warned.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk

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On Fantasy Island: British politics, English judges and the European Convention on Human Rights – LSE Public Lecture

Posted June 8th, 2015 in human rights, judiciary, news, speeches, treaties by sally

‘Conor Gearty unpicks the myths, illusions and downright lies that infect political engagement with human rights in Britain – and discussion of the Human Rights Act in particular.’

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LSE Public Lecture, Recorded on 6 November 2014

Source: www.lse.ac.uk

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No call for revolution – UK Human Rights Blog

Posted June 8th, 2015 in courts, human rights, news, treaties by sally

‘Last week the Queen revealed that the newly-elected government had delayed its promised proposals to repeal the Human Rights Act. If this signals a willingness to listen and reflect, rather than an opportunity to bring potential rebels into line, then so much the better. Let us keep talking.
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UK Human Rights Blog, 4th June 2015

Source: www.ukhumanrightsblog.com

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The Independent Guide to the UK Constitution: What everyone should know about the most explosive political issue of our time – The Independent

Posted June 8th, 2015 in bills, constitutional reform, human rights, news, repeals, treaties by sally

‘The UK’s democratic liberties are the envy of the world. They are also precarious. We have no written constitution, and the unwritten traditions on which we rely instead are increasingly being called into question. Human rights, the monarchy, Europe, the sovereignty of Parliament, the formation of governments – are there any first principles on which we can agree? On the eve of the 800th anniversary of Magna Carta, Andy McSmith kicks off a week-long series on a subject of vital national importance’.’

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The Independent, 7th June 2015

Source: www.independent.co.uk

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It’s time to raise the minimum age of criminal responsibility – Halsbury’s Law Exchange

Posted June 2nd, 2015 in bills, children, criminal responsibility, news, treaties by sally

‘Today, 2nd June, Lord Dholakia is presenting a Bill to Parliament with a view to raising the minimum age of criminal responsibility. Details of the proposal have not yet been released, but raising the age from 10 to 14 or 15 would be in line with recommendations from the United Nations. England and Wales (and Northern Ireland) currently have one of the lowest ages of criminal responsibility (ACR) in the world at just 10 years old. Scotland’s ACR used to be even lower at 8, until they increased the age to 12 in 2011.’

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Halsbury’s Law Exchange, 1st June 2015

Source: www.halsburyslawexchange.co.uk

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Human Rights Act repeal would send wrong signal, says Tory peer – The Guardian

Posted June 2nd, 2015 in bills, human rights, legislation, news, repeals, treaties by sally

‘A Conservative former lord chancellor has opposed calls for Britain to withdraw from the European convention on human rights, arguing that it would send out the wrong signal.’

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The Guardian, 1st June 2015

Source: www.guardian.co.uk

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The UNCRC in the Supreme Court – the impact of SG v Secretary of State for Work and Pensions – Family Law Week

Posted May 28th, 2015 in appeals, children, human rights, news, Supreme Court, treaties, United Nations by sally

‘Deirdre Fotttrell QC of 1 Garden Court Family Law Chambers considers the Supreme Court’s latest deliberations on when and how the provisions of the UN Convention on the Rights of the Child are directly enforceable in English law.’
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Family Law Week, 21st May 2015

Source: www.familylawweek.co.uk

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Attempt to scrap Human Rights Act will not get past Lords, Falconer warns Gove – The Guardian

‘A new British bill of rights is expected to be included in the Queen’s speech, but shadow lord chancellor says upper house would be within its rights to reject it.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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Does the Human Rights Act prevent us deporting serious criminals? – Free Movement

Posted May 26th, 2015 in deportation, human rights, immigration, news, reports, statistics, treaties by sally

‘It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not many, though, and none succeed because of the Human Rights Act as distinct from the European Convention on Human Rights. Other appeals against deportation succeed under EU law or the Refugee Convention.’

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Free Movement, 26th May 2015

Source: www.freemovement.org.uk

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British judges not bound by European court of human rights, says Leveson – The Guardian

Posted May 26th, 2015 in courts, human rights, news, precedent, treaties by sally

‘Sir Brian Leveson, the judge most famous for his report into press ethics, has said he does not consider himself “crushed by the European jackboot” when it comes to applying the European convention of human rights in British courts.’

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The Guardian, 24th May 2015

Source: www.guardian.co.uk

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Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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Sex and the selfie generation – Halsbury’s Law Exchange

‘It is not just people that struggle to keep up with technology, but the law itself often lags behind. We have seen that on numerous occasions with the “Twitter prosecutions”, and had another example of that this week, when the Daily Mirror highlighted the story of “Alison” and “’Peter” (both pseudonyms) a couple aged 17 and 22 respectively.’

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Halsbury’s Law Exchange, 19th May 2015

Source: www.halsburyslawexchange.co.uk

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HRA Watch: Reform, Repeal, Replace? Tobias Lock: Legal implications of human rights reform in the UK – UK Constitutional Law Association

Posted May 15th, 2015 in constitutional law, devolution, news, treaties by tracey

‘The return of a majority Conservative government in last week’s general election in the UK has made the Conservative Party’s plans for reforming human rights law in the United Kingdom a likely prospect. It is recalled that on 3 October 2014, the Conservative Party published its policy document ‘Protecting Human Rights in the UK’ which sets out its proposal to repeal the Human Rights Act 1998 (HRA) and replace it with a new British Bill of Rights. In addition, the policy document also raised the prospect that the UK might withdraw from the European Convention on Human Rights (ECHR).’

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UK Constitutional Law Association, 15th May 2015

Source: www.ukconstitutionallaw.org/blog

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What is the Human Rights Act and why does Michael Gove want to scrap it? – The Independent

Posted May 11th, 2015 in human rights, news, political parties, treaties by sally

‘The Conservatives’ manifesto says the party wants to scrap the Human Rights Act. David Cameron has appointed Michael Gove, the former education secretary, to be Justice Secretary. This mean he’ll have most of the responsibility for policy over the area.’

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The Independent, 11th May 2015

Source: www.independent.co.uk

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Michael Gove to proceed with Tories’ plans to scrap human rights act – The Guardian

Posted May 11th, 2015 in bills, human rights, news, political parties, treaties by sally

‘Michael Gove, the new justice secretary, is to press ahead with plans to scrap the Human Rights Act which could see Britain pull out of the European convention on human rights (ECHR) if the reforms are rejected by Strasbourg.’

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The Guardian, 10th May 2015

Source: www.guardian.co.uk

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The Supreme Court on statelessness, EU citizenship and proportionality – UK Human Rights Blog

‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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