Children: Public Law Update (March 2017) – Family Law Week

Posted March 30th, 2017 in children, damages, human rights, news by tracey

‘John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.’

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Family Law Week, 28th March 2017

Source: www.familylawweek.co.uk

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Floating rights – Nearly Legal

Posted March 28th, 2017 in appeals, canals, disabled persons, housing, human rights, news by sally

‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’

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Nearly Legal, 26th March 2017

Source: www.nearlylegal.co.uk

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Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by tracey

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

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The Guardian, 27th March 2017

Source: www.guardian.co.uk

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Taking the Queen’s Shilling: the implications for religious freedom of religions being registered as charities – Law & Religion UK

Posted March 24th, 2017 in charities, human rights, news by sally

‘There have been concerns recently about whether religions might have religious doctrines and practices challenged if they are registered as charities. This article looks at possible grounds to challenge the Charity Commission, including the common law principles of non-justiciability, charity law (the definition of religion and public benefit) and human rights.’

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Law & Religion UK, 21st March 2017

Source: www.lawandreligionuk.com

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Assisted suicide and the right to private life: the enduring repercussions of Nicklinson – UK Human Rights Blog

Posted March 23rd, 2017 in assisted suicide, human rights, news by sally

‘In the almost three years since the Supreme Court delivered its reasons in Nicklinson (in which a majority refused to issue a declaration that the blanket ban on assisted suicide in s 2(1) of the Suicide Act 1961 was incompatible with Article 8 of the European Convention on Human Rights (‘ECHR’)), similar questions of compatibility concerning analogous bans have been considered by courts in Canada, South Africa and New Zealand. Additionally, California and Colorado have introduced legislation permitting physician-assisted suicide (taking the total to six States in the US which permit physician-assisted suicide), France has introduced legislation enabling patients to request terminal sedation, and Germany’s Federal Administrative Court this month handed down judgment confirming that the right to self-determination encompasses a right of the ‘seriously and incurably ill’ to, in ‘exceptional circumstances’, access narcotics so as to suicide.’

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UK Human Rights Blog, 22nd March 2017

Source: www.ukhumanrightsblog.com

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Mental Capacity and Deprivation of Liberty: Law Commission Report Summary – Halsbury’s Law Exchange

‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’

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Halsbury’s Law Exchange, 13th March 2017

Source: www.halsburyslawexchange.co.uk

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K2: right to a private and family life no bar to deprivation of citizenship – Free Movement

Posted March 21st, 2017 in appeals, citizenship, human rights, immigration, news, tribunals by tracey

‘K2 v the United Kingdom (Application No 42387/13). The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country?’

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Free Movement, 201th March 2017

Source: www.freemovement.org.uk

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Canals and Article 8 – again – UK Human Rights Blog

‘In recent years, the Courts have come up with a pragmatic resolution to the clash of property and Article 8 rights which typically occur in housing cases. Where the tenant is trying to use Art.8 to fend off a possession order, because he is in breach of some term of the tenancy, then the Courts, here and in Strasbourg, have resolved the issue in the favour of the local authority, save in exceptional circumstances.’

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UK Human Rights Blog, 10th March 2017

Source: www.ukhumanrightsblog.com

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Human Rights Act should not be used to sue police, Home Office to argue in landmark Supreme Court appeal – Daily Telegraph

‘Victims of serious crime should not be allowed to use the Human Rights Act to sue the police, the Home Office will argue on Monday in a landmark Supreme Court appeal.’

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Daily Telegraph, 13th March 2017

Source: www.telegraph.co.uk

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UK can strip terror suspects of citizenship, European judges rule – The Guardian

Posted March 10th, 2017 in citizenship, human rights, news, terrorism by sally

‘European human rights judges have ruled that Theresa May’s policy of stripping British terror suspects of their citizenship while abroad to bar them from returning to Britain is lawful.’

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The Guardian, 9th March 2017

Source: www.guardian.co.uk

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Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

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Torture victims in high court challenge to Home Office over detentions – The Guardian

Posted March 8th, 2017 in detention, health, human rights, judicial review, news, torture, victims by tracey

‘Seven victims of torture who have been locked up in immigration detention are at the high court, challenging as unlawful a government policy that allows some torture survivors to be imprisoned.’

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The Guardian, 7th March 2017

Source: www.guardian.co.uk

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Far-right activist decision to be re-examined by CPS – BBC News

‘A decision not to prosecute a far-right activist with links to Nazi sympathisers is to be re-examined, the Crown Prosecution Service has said.’

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BBC News, 8th March 2017

Source: www.bbc.co.uk

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Gay man takes fight for equal pension rights for his husband to Supreme Court – Daily Telegraph

‘A gay man fighting to win his husband the same pension rights a wife would enjoy if he was in a heterosexual relationship takes his case to the UK’s highest court.’

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Daily Telegraph, 8th March 2017

Source: www.telegraph.co.uk

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Association of Lawyers for Children hits out at Cafcass/ADCS agreement – Local Government Lawyer

‘The Association of Lawyers for Children (ALC) has said it is “deeply concerned” by a recent agreement entered into by Cafcass and the Association of Directors of Children’s Services.’

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Local Government Lawyer, 3rd March 2017

Source: www.localgovernmentlawyer.co.uk

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Section 32 DPA: Resistance not Futile – Panopticon

‘We have banged the drum on Panopticon to almost Phil Collins-like levels on theme of the growing utility of the Data Protection Act to media lawyers, but it would be foolish to pretend it can always produce an answer from nowhere in a traditional journalism context. The judgment in ZXC v Bloomberg LP [2017] EWHC 328 (QB) reminds us of that.’

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Panopticon, 6th March 2017

Source: www.panopticonblog.com

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Ministers urged to protect rights of EU citizens in UK – BBC News

Posted March 6th, 2017 in EC law, freedom of movement, human rights, news, parliament, treaties by sally

‘The UK should make a unilateral decision to safeguard the rights of EU nationals living in the UK, according to a cross-party group of MPs.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

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The CJEU and the ECtHR: an idiot’s guide – Law & Religion UK

Posted March 1st, 2017 in EC law, human rights, news by sally

‘Five years ago we posted a piece entitled ‘Church and State III – the European dimension’. Perhaps the title was misleading, but some people still don’t seem to be able to understand the difference between the Court of Justice of the European Union and the European Court of Human Rights, so the following is an updated version, without the references to freedom of religion and belief.’

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Law & Religion UK, 27th February 2017

Source: www.lawandreligionuk.com

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“Perverse Incentives” – Nearly Legal

Posted February 28th, 2017 in housing, human rights, landlord & tenant, local government, news by tracey

‘Osman, R (on the application of) v London Borough of Harrow (2017) EWHC 274 (Admin). A challenge to Harrow’s allocation policy, specifically on the “downgrading” of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application.’

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Nearly Legal, 26th February 2017

Source: www.nearlylegal.co.uk

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Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

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