Parks police dismissal does not engage article 8 – UK Police Law Blog

‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’

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UK Police Law Blog, 15th August 2017

Source: ukpolicelawblog.com

Nigerian gay rights activist wins UK asylum claim after 13-year battle – The Guardian

Posted August 14th, 2017 in appeals, asylum, homosexuality, human rights, immigration, news, refugees by sally

‘The Home Office has granted refugee status to a prominent Nigerian LGBT activist, ending a 13-year battle over her right to remain in the UK.’

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The Guardian, 14th August 2017

Source: www.theguardian.com

Why a computer could help you get a fair trial – The Guardian

‘Recent research suggests that AI could make a valuable contribution to the judicial process.’

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The Guardian, 13th August 2017

Source: www.theguardian.com

What Does the New Data Protection Bill Mean for Human Rights? A Q&A of Everything You Need to Know – Rightsinfo

Posted August 11th, 2017 in bills, data protection, human rights, news by tracey

‘The UK government recently released their proposals for a new UK Data Protection Bill. However, since much of the Bill will simply copy EU law into UK law, how important are the Data Protection Bill proposals to human rights?’

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Rightsinfo, 9th August 2017

Source: rightsinfo.org

Prevent Duty Guidance withstands “clamorous” criticism – Marina Wheeler QC – UK Human Rights Blog

‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’

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UK Human Rights Blog, 5th August 2017

Source: ukhumanrightsblog.com

Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by tracey

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Controlled drugs, religion and Article 9: Beneficent Spiritist Center União Do Vegetal – Law & Religion UK

Posted July 31st, 2017 in drug offences, human rights, licensing, news, treaties by sally

‘The Beneficent Spiritist Center União do Vegetal is a religion with Christian and reincarnationist foundations; its declared objective to contribute to the spiritual development of the human being and the improvement of his or her intellectual qualities and moral virtues, without distinction of race, sex, creed, social class or nationality. In its rituals it uses hoasca tea (also known as ayahuasca). The tea is prepared from two Amazonian plants: the Mariri vine (Banisteriopsis caapi) and the leaves of the Chacrona bush (Psicotria viridis). In the União do Vegetal (UDV), hoasca tea is also known as “vegetal”; and the congregations drink it for the purpose of mental concentration. The plant materials from which the tea is made contain dimethyltryptamine (DMT), a class A controlled drug under the Misuse of Drugs Act 1971 [1-3].’

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Law & Religion UK, 31st July 2017

Source: www.lawandreligionuk.com

Home Office breached woman’s human rights in Yarl’s Wood ‘punishment room’ – The Guardian

Posted July 28th, 2017 in asylum, detention, human rights, immigration, news by tracey

‘Kenyan asylum seeker wins high court case after being placed in segregation for 28 hours in immigration removal centre.’

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The Guardian, 27th July 2017

Source: www.theguardian.com

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

The clash between open justice and one’s good name – UK Human Rights Blog

Posted July 21st, 2017 in anonymity, contempt of court, human rights, media, news by tracey

‘Khuja (formerly known as PNM) v. Times Newspapers [2017] UKSC 49, Supreme Court. The outcome of this case is summed up in its title, an unsuccessful attempt to retain anonymity in press reporting. It is a stark instance of how someone involved in investigations into very serious offences cannot suppress any allegations which may have surfaced in open court, even though no prosecution was ever brought against them.’

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UK Human Rights Blog, 20th July 2017

Source: ukhumanrightsblog.com

Law Pod UK Episode 5: Further ruling on NI abortion rights, Charlie Gard, and transgender in Ultra-Orthodox Jewish community – 1 COR

‘Sarah Jane Ewart and Rosalind English discuss the latest developments in access to abortion for Northern Irish women, the lessons to be learned from the Charlie Gard case, and the difficult decision that the courts had to reach when considering the best interests of children in an Ultra-Orthodox Jewish family, where the father had left the community as a transgender person.’

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Law Pod UK, 6th July 2017

Source: audioboom.com

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

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UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

Hertfordshire CC v Davies – Arden Chambers

Posted July 6th, 2017 in employment, housing, human rights, local government, news, repossession by sally

‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’

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Arden Chambers, 21st June 2017

Source: www.ardenchambers.com

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

Service Occupiers: Exclusion from Security of Tenure Regime Compatible with ECHR – Garden Court Chambers

‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

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Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Court of Protection: Guidance on Religious Observance – Park Square Barristers

Posted July 5th, 2017 in care homes, disabled persons, human rights, Islam, news by sally

‘The first application was in respect of adherence to fasting during Ramadan, the second application was in respect of the trimming of body hair.

Issues of capacity were not disputed within the proceedings. The court was concerned with a determination in respect of each application of what is in the best interests of IH under section 4 of the Mental Capacity Act 2005.’

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Park Square Barristers, 12th June 2017

Source: www.parksquarebarristers.co.uk