Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

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UKSC Blog, 4th December 2018

Source: ukscblog.com

Deliveroo riders lose high court battle to gain union recognition – The Guardian

Posted December 6th, 2018 in human rights, judicial review, news, self-employment, trade unions by sally

‘Deliveroo riders have lost a high court battle to gain union recognition, in a blow to gig economy campaigners.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

Muslim takes local council to High Court because their burial rules ‘breach his human rights’ – Daily Telegraph

‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Asylum seekers ‘too afraid’ to seek NHS care, report says – The Guardian

Posted November 29th, 2018 in asylum, data protection, health, human rights, immigration, news, ombudsmen by tracey

‘Asylum seekers who need NHS care have been left in “considerable fear” because of the government’s “hostile environment” policies, according to the human rights watchdog.
In a highly critical report the Equality and Human Rights Commission (EHRC) says people have gone without medical help since ministers forced the NHS in England to impose upfront charges to access care last year.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

Terminally ill Noel Conway loses Supreme Court appeal – BBC News

Posted November 28th, 2018 in appeals, assisted suicide, human rights, news, Supreme Court by tracey

‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’

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BBC News, 27th November 2018

Source: www.bbc.co.uk

Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law

‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’

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Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Tax tribunal rules that Arron Banks suffered political discrimination – UK Human Rights Blog

‘Banks v Revenue and Customs Commissioners [2018] UKFTT 617 (TC). Donations made by Arron Banks to the United Kingdom Independence Party (‘UKIP’) are subject to a tax regime which discriminates against the donor on grounds of his political opinion, the First-Tier Tribunal (Tax Chamber) has found.’

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UK Human Rights Blog, 14th November 2018

Source: ukhumanrightsblog.com

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

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UKSC Blog, 12th November 2018

Source: ukscblog.com

Speech by Lord Justice Singh: Racial Equality and the Law – Courts and Tribunals Judiciary

‘Speech by Lord Justice Singh: Racial Equality and the Law,’

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Courts and Tribunals Judiciary, 14th November 2018

Source: www.judiciary.gov.uk

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog

‘(ii) Undue Harshness

Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’

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UKSC Blog, 9th November 2018

Source: ukscblog.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog

‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’

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UKSC Blog, 9th November 2018

Source: ukscblog.com

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

The history of The Declaration of the Rights of the Child – OUP Blog

Posted November 5th, 2018 in children, human rights, legal history, news, United Nations by sally

‘Virtually every news cycle seems to feature children as victims of military actions, gun violence, economic injustice, racism, sexism, sexual abuse, hunger, underfunded schools, unbridled commercialism—the list is endless. Each violates our sense of what childhood ought to be and challenges what we believe childhood has always been.’

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OUP Blog, 5th November 2018

Source: blog.oup.com

Lee v Ashers Baking Company Ltd and others – Blackstone Chambers

‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’

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Blackstone Chambers, 10th October 2018

Source: www.blackstonechambers.com

Electoral law: unfit for the 21st century? – Counsel

Posted November 2nd, 2018 in brexit, elections, human rights, Law Commission, news, referendums by sally

‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’

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Counsel, November 2018

Source: www.counselmagazine.co.uk

MPs and peers demand changes to Mental Capacity (Amendment) Bill – Local Government Lawyer

‘The Mental Capacity (Amendment) Bill requires further changes to protect the human rights of vulnerable people, MPs and peers have warned.’

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Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

Robot judges less likely than AI-assisted judges, QC predicts – Legal Futures

‘Artificial intelligence (AI) is likely to be used to lower the cost and increase the speed of judicial decisions, a QC specialising in IT and algorithms has predicted.’

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Legal Futures, 30th October 2018

Source: www.legalfutures.co.uk