HRA Watch: Reform, Repeal, Replace? Cormac Mac Amhlaigh: A Referendum on Repeal of the Human Rights Act? Why not? – UK Constitutional Law Association

‘So we finally we have some clarity. Of the many statements, quasi-proposals and rumours affecting constitutional reform which had been swirling around during the term of the last coalition government, we now know which will see the light of day as official government policy. With the surprise Conservative majority government, it is now clear that the Human Rights Act will be repealed and replaced with a British Bill of Rights and there will be a referendum on EU membership by 2017 at the latest. Given that many of these issues had already been touted by one part of the coalition, many, if not most, of the constitutional and political implications, and particularly the difficulties, of these proposals have already been thrashed out in different forums such as the recent report co-edited by my colleague Tobias Lock, as well as, of course, on the pages of this blog. I have read and benefited from these excellent insights and so have nothing to add here to the substance of these issues.’

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UK Constitutional Law Association, 25th May 2015

Source: http://ukconstitutionallaw.org

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Non-violent extremism: some questions about laws and limits – UK Human Rights

‘Sajid Javid’s reported objections to the Government’s pre-election proposals on countering extremist ideas uncover just how controversial the new laws will be. He had objected, it seems, to a mooted expansion of Ofcom’s powers to take pre-emptive action to prevent the broadcast of programmes with ‘extremist content’ before they are transmitted.’

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UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

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Gender recognition: what legal recognition and rights can post-operative transsexuals expect in the UK? – Halsbury’s Law Exchange

Posted May 26th, 2015 in gender, human rights, news, transsexuals by sally

‘The legislative backdrop to both cases featured the Human Rights Act 1998 (HRA 1998) and the Gender Recognition Act 2004 (GRA 2004), the latter being legislation enacted by Parliament to enable persons who have changed gender to have their acquired gender recognised and certified. GRA 2004 was Parliament’s response to the decision in Strasbourg in Goodwin v United Kingdom (Application No. 65723/01) [2008] All ER (D) 113 (Jan), in which it was held that the UK had failed to comply with its positive obligation to ensure the right of a transsexual to respect for her private life, in particular by affording legal recognition to her acquired gender.’

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Halsbury’s Law Exchange, 26th May 2015

Source: www.halsburyslawexchange.co.uk

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Bogus lawyers jailed after targeting the elderly with asset protection scam – Legal Futures

Posted May 26th, 2015 in elderly, fraud, news, sentencing, trusts by sally

‘Eight people who pretended to be lawyers have been sentenced after scamming elderly people out of more than £500,000 in return for bogus asset protection trusts, with carrying out a reserved legal activity when not authorised one of the charges half of them faced.’

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Legal Futures, 26th May 2015

Source: www.legalfutures.co.uk

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Believing victims – OUP Blog

Posted May 26th, 2015 in news, police, sexual offences, victims by sally

‘Hampshire Constabulary are the latest in a long line of police forces obliged to apologise to a victim of crime for failing to investigate an allegation properly. In this case, a young woman accused a man of rape. She was not believed; forensic examination of clothing was delayed; in the meanwhile, the complainant was threatened with arrest for ‘perverting the course of justice’ and she attempted suicide. Eventually, following belated forensic analysis, the man was arrested and has since then been convicted.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

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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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Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

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Prisons built to expel – OUP Blog

Posted May 26th, 2015 in citizenship, deportation, immigration, news, prisons by sally

‘Every few months, a new report announces the breakdown of the British immigration system. In January, the Committee of Public Accounts issued a searing review of the Home Office’s migration policy. Three months earlier, the National Audit Office released a near-identical critique. Each publication invokes a now-familiar folk devil – the ‘foreign criminal’ – ­­and demands better coordination between immigration enforcers and prison managers. Four times a year, we are told that governments that do not deport ‘foreign offenders’ are fundamentally unfit.’

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OUP Blog, 26th May 2015

Source: http://blog.oup.com

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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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Queen’s Speech 2015: Scrapping the human rights act, right to buy, and an EU referendum – what you can expect – The Independent

‘The Queen’s Speech marks the start of this session of parliament. The address, written by government ministers, is delivered by the Queen and lays out the Government’s agenda for the next year.’

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The Independent, 26th May 2015

Source: www.independent.co.uk

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New pharmacy rules ‘should reduce dispensing mistakes’ – BBC News

Posted May 26th, 2015 in consultations, health, medicines, mistake, news, pharmacists by sally

‘Health ministers want to introduce an airline-style error reporting system for the UK’s high street pharmacies.’

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BBC News, 24th May 2015

Source: www.bbc.co.uk

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The role of the law, in the matter of Ashya King – OUP Blog

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

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I wish I could pass a longer jail term, judge tells stalker – Daily Telegraph

‘Judge speaks of frustration at only being able to jail a stalker, who drove female GP to a mental breakdown, for five years.’

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Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

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Internet troll conviction rates soar in a decade, figures reveal – The Independent

Posted May 26th, 2015 in crime, electronic mail, internet, malicious communications, news, statistics by sally

‘Convictions for crimes under a law used to prosecute internet trolls have increased nearly eight-fold in a decade, official figures reveal. Last year, 1,209 people were found guilty of offences under Section 127 of the Communications Act 2003 compared with 143 in 2004.’

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The Independent, 24th May 2015

Source: www.independent.co.uk

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Legal experts call for greater scrutiny of surveillance laws – The Guardian

‘An alliance of prominent academics have signed a letter to the government warning against any expansions of state surveillance without the full involvement of parliament and the public.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

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EVENT – The Guardian – Jeremy Hutchinson & Alan Rusbridger: The case for liberty

Posted May 22nd, 2015 in Forthcoming events by sally

‘Jeremy Hutchinson was the greatest criminal barrister of the 1960s, 70s and 80s and his cases through that period changed society forever. From the sex and spying scandals that brought down Macmillan’s government, to his defence of Lady Chatterley’s Lover, editor-in-chief Alan Rusbridger talks to Jeremy about the cases that defined an era.’

Date: 8th June 2015, 7.00-8.30pm

Location: Kings Place, London N1 9AG

Charge: £25

More information can be found here.

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The difference between ‘affirmation’ and ‘oath’ – BBC News

Posted May 22nd, 2015 in news, oaths, parliament by sally

‘That most time-consuming of the traditional rituals surrounding the UK Parliament, the swearing in of all the MPs, has become an emblem of the changing shape of British society. A ceremony originally designed for exclusion – to keep out religious and political undesirables – has become a display of diversity, writes Stephen Tomkins.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Phone hacking at Trinity Mirror ‘widespread’ for a decade, says judge – The Guardian

Posted May 22nd, 2015 in compensation, interception, media, news, privacy, telecommunications, victims by sally

‘Phone hacking at the tabloid publisher Trinity Mirror was “widespread and frequent” for a decade, a high court judge has ruled as he ordered the company to pay a record £1.2m in privacy damages to eight victims, including the actor Sadie Frost and ex-footballer Paul Gascoigne.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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Reconsideration of old human rights applications – Free Movement

Posted May 22nd, 2015 in appeals, human rights, immigration, news by sally

‘The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in the very many cases where a human rights application was made by an individual or family and the application was refused with no right of appeal because no removal decision was made. Under the new appeals regime introduced by the Immigration Act 2014 from 6 April 2014, no removal decision is needed for a right of appeal, only refusal of a human rights claim.’
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Free Movement, 21st May 2015

Source: www.freemovement.co.uk

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Dyson calls on judges to lead resistant lawyers to embrace post-Jackson “culture of reform” – Litigation Futures

Posted May 22nd, 2015 in case management, civil justice, news by sally

‘Judges need to lead the way in jolting lawyers out of their “comfort zones” so as to fully embrace the Jackson reforms, the Master of the Rolls has said, citing the lack of progress on disclosure and ‘hot-tubbing’ as examples where the new rules have not been embraced.’

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Litigation Futures, 22nd May 2015

Source: www.litigationfutures.com

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