New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

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UKSC Blog, 29th April 2020

Source: ukscblog.com

Windrush backlog reaches 3,720 cases, Home Office reveals – The Guardian

‘Lawyers and campaigners have expressed concern about a large backlog of unresolved Windrush cases, revealed in fresh Home Office figures, two years after Amber Rudd resigned as home secretary amid the emerging scandal.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other

‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’

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Each Other, 28th April 2020

Source: eachother.org.uk

Paul Bowen QC: Learning lessons the hard way – Article 2 duties to investigate the Government’s response to the Covid-19 pandemic – UK Constitutional Law Association

‘As we watch the Covid-19 pandemic unfold our attention is naturally on the steps that HM Government (“HMG”) is taking to mitigate the immediate crisis. The time is approaching, however, when it will be necessary to evaluate HMG’s preparation for, and response to, the pandemic. Calls are being made by the TUC and doctors’ groups for a public inquiry into one aspect of its response, namely failures to procure adequate personal protective equipment (“PPE”) for NHS staff, at least 100 of whom are believed to have died having contracted the virus while treating patients. HMG is accused of failing to respond to a national exercise in 2016 testing the UK’s resilience to a similar flu pandemic which highlighted an increased need for ventilators. Other criticisms go further. This blog argues that the state owes a duty under Article 2 of the European Convention on Human Rights to investigate some deaths caused by Covid-19. This duty will require not only inquests into individual deaths but also a public inquiry under the Inquiries Act 2005 to address those systemic issues not suitable for determination by an inquest. The post builds on and responds to posts by Conall Mallory, James Rowbottom and Elizabeth Stubbins Banes. It also foreshadows the need for reform in this area.’

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UK Constitutional Law Association, 29th April 2020

Source: ukconstitutionallaw.org

Ministers aim to extend legally binding deadline on Prevent review – The Guardian

‘The government will attempt to push back a legally binding deadline for the completion of an independent review of Prevent, the programme that aims to stop people becoming terrorists, the Guardian understands.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News

‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’

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BBC News, 28th April 2020

Source: www.bbc.co.uk

Piers Morgan: Ofcom clears presenter over ‘combative’ interviews – BBC News

Posted April 28th, 2020 in complaints, government departments, media, news by sally

‘Piers Morgan will not be investigated by the media regulator for “combative” interviews with government ministers that sparked 4,000 complaints.’

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BBC News, 27th April 2020

Source: www.bbc.co.uk

Doctor couple challenge UK government on PPE risks to BAME staff – The Guardian

‘Two doctors are launching a legal challenge over government guidance on personal protective equipment which they say exposes them to coronavirus infections.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

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The Guardian, 25th April 2020

Source: www.theguardian.com

If ministers fail to reveal 2016 flu study they ‘will face court’ – The Guardian

‘The government faces being taken to court if it refuses to disclose the findings of an exercise confirming the UK could not cope with a flu pandemic.’

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The Guardian, 26th April 2020

Source: www.theguardian.com

What is the Home Office not telling us? – Doughty Street Chambers

‘How can the Home Office be prevented from withholding important information in immigration appeals?’

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Doughty Street Chambers, 23rd April 2020

Source: insights.doughtystreet.co.uk

Government successfully appeals in ‘Right to Rent’ case – UK Human Rights Blog

‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’

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UK Human Rights Blog, 22nd April 2020

Source: ukhumanrightsblog.com

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

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Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk

Harry Dunn death: diplomatic immunity for Anne Sacoolas ‘illogical’ – The Guardian

‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

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3PB, 17th April 2020

Source: www.3pb.co.uk

Right to rent rule ‘justified’ finds UK appeal court – The Guardian

‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”).[1] It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, 20th April 2020

Source: www.11kbw.com

Oliver Butler: Elgizouli v Secretary of State for the Home Department: The Fundamental Rights and Freedoms of the Data Subject – UK Constitutional Law Association

‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’

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UK Constitutional Law Association, 17th April 2020

Source: ukconstitutionallaw.org

EP 107: Climate Change and Lock Down – Thomas Muinzer & David Hart QC – Law Pod UK

‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’

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Law Pod UK, 17th April 2020

Source: audioboom.com