Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

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UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

Noel Conway: Terminally ill man wins right to challenge court ruling preventing ‘dignified death’ – The Independent

Posted January 19th, 2018 in appeals, assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A terminally ill man has won the right to continue battling for the right to a “peaceful and dignified death” in Britain’s courts.’

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The Independent, 18th January 2018

Source: www.independent.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

“Assisted dying” and Article 8 again – Conway v S of S for Justice – Law & Religion UK

‘Mr Noel Conway, who is 67 and suffering from motor neurone disease, has lost the latest round in his bid to allow doctors to prescribe him a lethal dose of drugs when his health deteriorates further. His legal team had argued that he faced a stark and unfair choice: he could either bring about his own death while still physically able to do so, or await death with no control over how and when it came.’

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Law & Religion UK, 5th October 2017

Source: www.lawandreligionuk.com

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures

‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’

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Litigation Futures, 11th April 2017

Source: www.litigationfutures.com

Succession, partners and bright line rules – Nearly Legal

‘Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read compatibly? This was the issue in this appeal.’

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Nearly Legal, 3rd April 2017

Source: www.nearlylegal.co.uk

Responding to human rights judgments: 2014 to 2016 – official-documents.gov.uk

Posted November 23rd, 2016 in courts, declarations of incompatibility, human rights, judgments, reports, treaties by tracey

‘This report sets out the government’s position on the implementation of human rights judgments from the European Court of Human Rights and our domestic courts.’

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official-documents.gov.uk, 18th November 2016

Source: www.official-documents.gov.uk

Alison Young: Towards an Expository Justice Approach to Human Rights Adjudication? – UK Constitutional Law Association

‘The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, giving the agreed judgment of the court, concluded that Johnson’s Convention rights had been breached. Because of the specific nature of the challenge brought by Johnson, the breach of his Convention rights could be remedied by quashing a decision of the Home Secretary. However, Lady Hale then went on to discuss whether a declaration of incompatibility should still be made, concluding that paragraph 70 of Schedule 9 of the Immigration Act 2014 was incompatible with Convention rights, and therefore ‘[t]he court will make a declaration to that effect, although it is not necessary to do so in order to dispose of this case.’ This calls into the question the nature and role of human rights adjudication: should courts merely provide remedies for those whose rights have been infringed, or should they also prompt action to remedy potential infringements of rights, or both?’

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UK Constitutional Law Association, 25th October 2016

Source: www.ukconstitutionallaw.org

Surrogacy update – June 2016 – Family Law Week

Posted June 30th, 2016 in declarations of incompatibility, news, parental rights, surrogacy by tracey

‘Andrew Powell, barrister, 4 Paper Buildings, reviews recent important judgments concerning surrogacy law.’

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Family Law Week, 29th June 2016

Source: www.familylawweek.co.uk

Human Rights and Property Litigation: some general concepts – Falcon Chambers

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

Human Fertilisation and Embryology Act Incompatible with Convention Rights – Cloisters

‘Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam), in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the European Convention on Human Rights.’

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Cloisters, 26th May 2016

Source: www.cloisters.com

Father should be allowed to apply for parental responsibility following surrogacy – UK Human Rights Blog

‘Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human Fertilisation and Embryology Act on grounds of discrimination.’

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UK Human Rights Blog, 25th May 2016

Source: www.ukhumanrightsblog.com

Surrogacy laws for single parents to change after court ruling – BBC News

‘Surrogacy laws which prevent single people from claiming parental rights are set to change following a ruling by the Family Division of the High Court.’

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BBC News, 23rd May 2016

Source: www.bbc.co.uk

Stop Powers under the Terrorism Act 2000 incompatible with Article 10 – UK Human Rights Blog

‘On Tuesday the Court of Appeal handed down its judgment on David Miranda’s detention under the Terrorism Act 2000 and, while upholding the lawfulness of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10.’

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UK Human Rights Blog, 21st January 2016

Source: www.ukhumanrightsblog.com

Terrorism Act incompatible with human rights, court rules in David Miranda case – The Guardian

‘A key clause in the Terrorism Act 2000 is incompatible with the European convention on human rights, the master of the rolls, Lord Dyson, has declared as part of a court of appeal judgment.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

Sam Hallam and Victor Nealon denied compensation – BBC News

‘Two men who served long sentences before their convictions were overturned have lost High Court actions in their fight for compensation.’

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BBC News, 8th June 2015

Source: www.bbc.co.uk

MPs get go-ahead to challenge snooping law – The Guardian

‘Two MPs have been given the green light to legally challenge the government over the introduction of legislation which gives police and security services access to people’s phone and internet records.’

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The Guardian, 8th December 2014

Source: www.guardian.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening); [2014] EWHC 2930 (Admin); [2014] WLR (D) 398

‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 12th September 2014

Source: www.iclr.co.uk