Case Comment: R (Black) v Secretary of State for Justice [2017] UKSC 81 – UKSC Blog

‘Is the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006?’

Full Story

UKSC Blog, 15th August 2018

Source: ukscblog.com

Pro-life charity to take Lambeth council to court after it was kicked out of country fair – Daily Telegraph

‘A pro-life charity is to take a council to court after they say being kicked out of a country fair infringed their human rights.’

Full Story

Daily Telegraph, 14th August 2018

Source: www.telegraph.co.uk

The Intricacies of Proportionality – Katherine Barnes – UK Human Rights Blog

Posted August 13th, 2018 in criminal records, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court has given important guidance on the correct approach of the appellate courts to assessing proportionality under the ECHR. The main issue before the court was whether an Enhanced Criminal Record Certificate (“ECRC”) issued in respect of the appellant, AR, under s.113B of the Police Act 1997 is compatible with Article 8 of the Convention on Human Rights.’

Full Story

UK Human Rights Blog, 12th August 2018

Source: ukhumanrightsblog.com

Trespassers and Human Rights – Where are we now? – Falcon Chambers

Posted August 9th, 2018 in human rights, news, repossession, trespass by sally

‘Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was asked to decide whether a tenant in summary possession proceedings could require the court to consider the proportionality of making a possession order, having regards to Article 8 of the European Convention on Human Rights (ECHR): the well-known right to respect for private and family life. In particular, the court was required to decide whether a private landlord’s mandatory right to possession of her property under section 21 of the Housing Act 1998 could be curtailed or defeated entirely by invoking Article 8.’

Full Story

Falcon Chambers, May 2018

Source: www.falcon-chambers.com

The Supreme Court ruling on ending life – No. 5 Chambers

Posted August 7th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a patient in a persistent vegetative state could be allowed to die. Following a Supreme Court decision on 30 July 2018 in a land mark case called NHS Trust v Y [2018] UKSC 46, the law in future will allow doctors and families to make the decision to allow a patient to die to withdraw sustenance where they all agree to it, without needing to go to a court.’

Full Story

No. 5 Chambers, 2nd August 2018

Source: www.no5.com

A Marriage Between The Human Rights Act and Medical Negligence?….The Engagement is Definitely Off! – Park Square Barristers

Posted August 6th, 2018 in hospitals, human rights, inquests, medical treatment, negligence, news by sally

‘Lorraine Harris reviews the case of Parkinson which now clarifies the extremely limited use of Article 2 in cases of death following medical treatment, as well as the difficulty of challenging the decision making of a Coroner. Analysis at the close of the article reveals the salient points of the case.’

Full Story

Park Square Barristers, 10th July 2018

Source: www.parksquarebarristers.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.’

Full Story

Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

Full Story

Family Law, 3rd August 2018

Source: www.familylaw.co.uk

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by tracey

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

Full Story

UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

Full Story

UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by tracey

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

Full Story

Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

Full Story

The Guardian, 1st August 2018

Source: www.theguardian.com

UK judges will no longer have to rule in vegetative state decisions – The Guardian

Posted July 30th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Judges will no longer need to be consulted when doctors and relatives of patients in a vegetative state agree that life-supporting treatment should be ended.’

Full Story

The Guardian, 30th July 2018

Source: www.theguardian.com

European human rights judges will rule ‘Isil Beatles’ plan illegal, say experts – Daily Telegraph

Posted July 30th, 2018 in death penalty, extradition, human rights, news, terrorism by sally

‘European human rights judges would rule Britain’s plan to waive death penalty assurances for two suspected members of the Isil ‘Beatles’ terror cell illegal, experts say, and could order the UK to seek US guarantees and even pay the men damages.’

Full Story

Daily Telegraph, 28th July 2018

Source: www.telegraph.co.uk

Supreme Court to rule on vegetative state case – BBC News

‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’

Full Story

BBC News, 30th July 2018

Source: www.bbc.co.uk

Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity – Oxford Human Rights Hub

‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’

Full Story

Oxford Human Rights Hub, 24th July 2018

Source: ohrh.law.ox.ac.uk

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

Full Story

UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

John Worboys case shows Parole Board is not independent, court to hear – The Guardian

Posted July 26th, 2018 in criminal justice, criminal procedure, human rights, news, parole by sally

‘A British prisoner is seeking a judicial review because he says he does not have a fair chance of parole following the controversy surrounding the decision to release the serial sex attacker John Worboys.’

Full Story

The Guardian, 26th July 2018

Source: www.theguardian.com

Domestic abuse victim wins legal challenge against policy denying her right to compensation – The Independent

‘A woman who suffered serious abuse at the hands of her stepfather has won a legal challenge against a policy which denies some victims the right to compensation. The Court of Appeal ruled on Tuesday that the so-called “same-roof” rule, which denies compensation to domestic abuse victims who lived in the same home as their attacker before 1979, was “incompatible” with human rights laws.’

Full Story

The Independent, 24th July 2018

Source: www.independent.co.uk

Police facial recognition system faces legal challenge – BBC News

Posted July 25th, 2018 in closed circuit television, facial mapping, human rights, news, police by tracey

‘A legal challenge against the use of automatic facial recognition technology by police has been launched by a civil liberties group.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk