Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

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Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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European Union (Approvals) Act 2014

Posted January 31st, 2014 in EC law, legislation, regulations, treaties by sally

European Union (Approvals) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

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Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog

Posted December 12th, 2013 in appeals, delay, detention, human rights, imprisonment, news, Supreme Court, treaties by sally

‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

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Parental child abductions from UK ‘double in a decade’ – BBC News

Posted December 12th, 2013 in child abduction, news, parental rights, treaties by sally

‘The number of parental child abduction cases has more than doubled in the last decade, new figures from the Foreign and Commonwealth Office (FCO) suggest.’

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BBC News, 12th December 2013

Source: www.bbc.co.uk

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In the matter of KL (A Child) – Supreme Court

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

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European court is not superior to UK supreme court, says Lord Judge – The Guardian

Posted December 5th, 2013 in courts, human rights, judges, news, speeches, treaties by sally

‘The law should be changed to make it clear that British courts are not obliged to implement judgments of the European court of human rights (ECHR), according to the former lord chief justice.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

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More laws are needed as religion declines, top judge says – Daily Telegraph

Posted November 29th, 2013 in human rights, judges, news, speeches, treaties by sally

“One of Britain’s most senior judges said the rapid rise in the number of laws in recent years had been necessary as other modes of social control such as religion and old fashioned morality declined.”

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Daily Telegraph, 28th November 2013

Source: www.telegraph.co.uk

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Stop deferring to human rights court, says senior judge – The Guardian

Posted November 28th, 2013 in courts, human rights, interpretation, judges, news, speeches, treaties by tracey

‘UK courts should stop deferring to the European court of human rights on every issue and develop their own rulings, according to Lord Justice Laws, the longest serving court of appeal judge.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

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Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by tracey

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

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UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

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Watch that Charter – UK Human Rights Blog

Posted November 12th, 2013 in asylum, EC law, human rights, news, torture, treaties by tracey

“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”

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UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

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Dominic Grieve: Every prisoner in Britain could sue for damages over voting ban – Daily Telegraph

Posted November 7th, 2013 in bills, damages, elections, human rights, news, prisons, treaties by tracey

“Tens of thousands of prisoners could be in line for compensation because they have been denied their ‘human right’ to vote, the Attorney General has warned. Dominic Grieve warned that all 85,000 prisoners in England and Wales could lodge claims with the European Court of Human Rights if they are barred from vote at the next election, costing taxpayers more than £60 million.”

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Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

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Chemical Weapons and the Law – BBC Law in Action

Posted October 29th, 2013 in chemical weapons, international law, news, treaties, war by sally

“In this week’s programme Law in Action charts the history of laws forbidding the use of chemical weapons, and reveals how they first emerged in India over 2000 years ago. Today, with Syria now signing up to the chemical weapons convention, could we be on the brink of abolishing chemical weapons for good?”

Listen

BBC Law in Action, 22nd October 2013

Source: www.bbc.co.uk

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Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

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Attorney General: Britain’s ‘economic, physical and ethical well-being’ depends on Europe – Daily Telegraph

Posted October 15th, 2013 in attorney general, EC law, human rights, news, speeches, treaties by sally

“Britain’s ‘economic, physical and ethical well-being’ depends on it playing an ‘active part’ in the European Union and the European Convention on Human Rights, the Attorney General has said.”

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Daily Telegraph, 14th October 2013

Source: www.telegraph.co.uk

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Human rights attacked again – the thorny issue of ‘just satisfaction’ – Legal Week

Posted October 11th, 2013 in human rights, judiciary, news, treaties by sally

The attack on human rights protection is relentless. The Daily Mail and The Telegraph this week reported that judges in Strasbourg have handed criminals taxpayer-funded payouts of £4.4m – an average of £22,000 a head. Recipients since 1998 include the traitor George Blake, extremist cleric Abu Qatada and the IRA killer dubbed Mrs Doubtfire.

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Legal Week, 10th October 2013

Source: www.legalweek.com

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United Kingdom v Council of the European Union – WLR Daily

Posted October 1st, 2013 in EC law, freedom of movement, law reports, regulations, social security, treaties by sally

United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357

“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

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