Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

Graduate in £1m claim was badly let down by Oxford, court told – The Guardian

Posted November 22nd, 2017 in economic loss, legal profession, negligence, news, time limits, universities by sally

‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

Court throws out arbitration award over email error – Law Society’s Gazette

Posted November 22nd, 2017 in arbitration, documents, electronic mail, news, service, setting aside by sally

‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

Toothpaste advert banned after it features naked model with onions – The Independent

Posted November 22nd, 2017 in advertising, complaints, news, voyeurism, women by sally

‘A toothpaste advert that featured a naked model next to a pile of onions has been banned for “objectifying” women.’

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The Independent, 22nd November 2017

Source: www.independent.co.uk

I was a victim of undercover police abuse. I fear we won’t get justice – The Guardian

Posted November 22nd, 2017 in anonymity, inquiries, news, police, spying, victims by sally

‘Here in the Royal Courts of Justice we are listening for crumbs of information about the officers who used and abused us. But nothing is revealed.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Cyril Smith inquiry: PM’s pledge on ex-Rochdale MP’s documents – BBC News

‘Prime Minister Theresa May has made assurances documents relating to the late Cyril Smith will not be withheld.’

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BBC News, 21st November 2017

Source: www.bbc.co.uk

Paedophile convicted after 35 years when his victim recognised him in prison cell – Daily Telegraph

Posted November 22nd, 2017 in child abuse, imprisonment, news, prisons, sentencing, sexual offences, victims by sally

‘A paedophile was brought to justice 35 years after abusing a six-year-old boy when he found himself in the same prison cell as his victim.’

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Daily Telegraph, 21st November 2017

Source: www.telegraph.co.uk

Caldey Island sexual abuse independent inquiry call – BBC News

Posted November 22nd, 2017 in child abuse, children, clergy, inquiries, news, sexual offences by sally

‘Victims of historical sexual abuse at a monastery on Caldey Island deserve an independent inquiry, a support group has said.’

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BBC News, 21st November 2017

Source: www.bbc.co.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Police face legal action over Luton airport terror detention – The Guardian

Posted November 22nd, 2017 in data protection, detention, holidays, human rights, news, police, terrorism by sally

‘A man detained by the police on his way to a holiday in Rome is bringing legal action against Bedfordshire police for breaching his human rights.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Yet more on hijabs in primary schools – Law & Religion UK

Posted November 22nd, 2017 in education, Islam, news, school children by sally

‘In September, we posted an item on the controversy over small girls wearing the hijab in British nurseries and primary schools. There were various reports (eg in The Sunday Times and the Evening Standard) that “Children as young as three are being allowed to wear the hijab in British nurseries and primary schools.” The ST reported that its own survey had found that a fifth of 800 primary schools, including Church of England schools, list the hijab as part of their uniform. The Department for Education said that uniform policies were for schools to decide, adding: “If a school decided to allow a pupil to wear a burqa, that would be up to the school.” ‘

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Law & Religion UK, 20th November 2017

Source: www.lawandreligionuk.com

All Born Free and Equal? How Equality Underpins Our Human Rights – RightsInfo

Posted November 22nd, 2017 in equality, Equality and Human Rights Commission, human rights, news, treaties by sally

‘Equality pops up all the time when we talk about human rights. In fact, the very first article of the UN Convention on Human Rights states that “all human beings are born free and equal in dignity and rights.”’

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RightsInfo, 21st November 2017

Source: rightsinfo.org

Claiming for the costs of a surrogacy arrangement: A new head of loss? – Family Law

Posted November 22nd, 2017 in costs, damages, negligence, news, surrogacy by sally

‘They say that nothing can prepare you for the sheer overwhelming experience of what it means to be a parent. But how would you feel if that opportunity was taken away from you because of the negligent action of someone else? In the recent case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), XX received £74,000 for the cost of two surrogacies in the UK. This was because XX was unable to bear children as a direct consequence of her delayed diagnosis of cervical cancer.’

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Family Law, 21st November 2017

Source: www.familylaw.co.uk

Judges under ‘intolerable pressure’ from social media, says new Lord Chief Justice – Daily Telegraph

Posted November 22nd, 2017 in internet, judges, judiciary, news, rule of law by sally

‘Judges are being put under “intolerable pressure” by social media users who criticise their decisions, the Lord Chief Justice has said.’

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Daily Telegraph, 21st November 2017

Source: www.telegraph.co.uk

Drug-driving cases dropped over forensics – BBC News

‘Around 50 drug-driving prosecutions have been dropped because original test results may have been “manipulated”.’

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BBC News, 21st November 2017

Source: www.bbc.co.uk

Trans women need access to rape and domestic violence services. Here’s why – The Guardian

Posted November 22nd, 2017 in domestic violence, gender, news, rape, statute law revision, transgender persons, women by sally

‘All women face similar dangers, whether trans or not, and it’s distressing that some people seek to drive a wedge between our rights.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Home Office faces High Court hearing over policy on rough sleeping EEA nationals – Local Government Lawyer

‘The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Why so many sexual harassment cases in US, not UK? – BBC News

‘There are huge differences between UK and US media law – does this explain why more Americans are being accused of sexual harassment?’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk