Supreme Court rules in favour of unmarried mother in benefits case – Family Law

‘The UK’s Supreme Court has ruled in favour of Siobhan McLaughlin, an unmarried mother of four from County Antrim, gaining access to Widowed Parent’s Allowance following her partner’s death in 2014.’

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Family Law, 31st August 2018

Source: www.familylaw.co.uk

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law

‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’

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Family Law, 27th June 2018

Source: www.familylaw.co.uk

Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name? – UK Constitutional Law Association

‘All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing and controversial. But even more heat than usual was generated by this case. For starters, it followed swiftly after the Republic of Ireland’s referendum vote to repeal the Eighth Amendment of its Constitution, which acknowledges the equal right to life of the unborn child. That led to public and political pressure for change on the other side of the border too. But the Northern Ireland Assembly has been suspended since January 2017 and Westminster legislating in this area in its absence – particularly if prompted by the UKSC – would provoke controversy. The Conservative Government’s Confidence and Supply Agreement with the traditionally pro-life Democratic Unionist Party (DUP) further complicates the possibility of reform on this side of the Irish Sea. The outcome of a challenge to the compatibility of the Northern Ireland legislation was therefore keenly anticipated by many. In the event, a Court of seven declined (by a majority) to make the declaration of incompatibility due to a lack of standing. Given the Court’s conclusions, however, the judgment may effectively be a declaration in all but name.’

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UK Constitutional Law Association, 12th June 2018

Source: ukconstitutionallaw.org

Northern Ireland’s abortion law violates human rights but challenge rejected on technical grounds, Supreme Court rules – The Independent

‘Supreme Court judges have said Northern Ireland’s abortion law violates human rights, but rejected a challenge brought by the Northern Ireland Human Rights Commission (NIIHRC) on technical grounds.’

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The Independent, 7th June 2018

Source: www.independent.co.uk

Surrogacy and parental orders for single parents – the ‘non-urgent’ road to change – Family Law

‘Since May 2016, prospective single applicants for parental orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA 2008) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.’

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Family Law, 31st May 2018

Source: www.familylaw.co.uk

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