Councils Appeal High Court Ruling On Traveller Ban – Rights Info

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

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Rights Info, 4th December 2019

Source: rightsinfo.org

Mark Duggan shooting report challenged by human rights groups – The Guardian

‘The official report into the police shooting of a man whose death sparked the 2011 riots is facing a new challenge from human rights investigators who say a virtual model of the shooting shows its main conclusion is wrong.’

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The Guardian, 5th December 2019

Source: www.theguardian.com

“The Red line: Assessing “Proportionality” in Article 8 ECHR Family Rights” – Church Court Chambers

Posted December 4th, 2019 in citizenship, families, human rights, immigration, news, proportionality by sally

‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’

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Church Court Chambers, 3rd December 2019

Source: churchcourtchambers.co.uk

What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

Court of Appeal to hear bid for gender-neutral passports – BBC News

Posted December 3rd, 2019 in appeals, gender, human rights, news, passports, sex discrimination by tracey

‘A campaigner who wants the government to provide gender-neutral passports will have their case heard at the Court of Appeal later.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Education, street protests and injunctions: Afsar – Law & Religion UK

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

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Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Christopher Bevan: Anti-HRA Rhetoric and the Conservative Party 2019 Manifesto: Are the Proposals for a British Bill of Rights and Repeal of the Human Rights Act “Dead in the Water”? – UK Constitutional Law Association

Posted November 28th, 2019 in elections, human rights, news, political parties by sally

‘The ECHR was incorporated into UK domestic law through the Human Rights Act 1998 (HRA), which came into effect in October 2000 and has been hailed as a “constitutional statute” enjoying limited protection from implied repeal which this status brings (see Thoburn v Sunderland City Council). It has been further referred to as a “higher order” provision under which the long established doctrine of parliamentary sovereignty has yielded its station to the constitutional morality of the rule of law. It is arguable that the HRA has provided substantial positive protections to citizens as judgments finding violation against the UK have decreased in trend from 6.8% of Strasbourg judgments in 2001 to 0.2% in 2017.’

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UK Constitutional Law Association, 28th November 2019

Source: ukconstitutionallaw.org

Heres How The Party Manifestos Stack Up On Human Rights – Rights Info

Posted November 27th, 2019 in elections, human rights, news, political parties by sally

‘As the clock ticks down to the 12 December general election, political parties have begun releasing manifestos outlining the policies they will pursue if they enter into government.’

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Rights Info, 26th November 2019

Source: rightsinfo.org

High Court rules marriage between trans man and woman invalid by as both were legally female during ceremony – Daily Telegraph

Posted November 21st, 2019 in birth certificates, families, gender, human rights, marriage, news, transgender persons by tracey

‘A High Court judge has ruled that a marriage between a woman and a trans man was void because both parties were legally female during the ceremony.’

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Daily Telegraph, 20th November 2019

Source: www.telegraph.co.uk

Court of Appeal to hear facial recognition technology challenge – Law Society’s Gazette

‘A Cardiff resident who lost a High Court challenge over police deployment of automated facial recognition technology has been given permission to take his case to the Court of Appeal.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Burford school agrees to provide alternative to Christian assembly – BBC News

Posted November 21st, 2019 in Christianity, equality, human rights, news, religious discrimination, school children by tracey

‘A couple who threatened to take a school to the High Court over its religious assemblies have won their fight for alternative activities for their children.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Transphobia guidelines ‘contrary to freedom of expression’, court hears – BBC News

‘The way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.he way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

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39 Essex Chambers, 11th November 2019

Source: www.39essex.com

Terminally Ill Dad ‘Fights On’ After High Court Rejects Assisted Dying Case – Rights Info

Posted November 20th, 2019 in assisted suicide, human rights, news by sally

‘A terminally ill dad has vowed to fight on after the High Court rejected his human rights challenge against the UK’s blanket ban on assisted dying.’

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Rights Info, 19th November 2019

Source: rightsinfo.org

Social media posts referred to police could show up on DBS background checks despite not being a crime – Daily Telegraph

‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’

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Daily Telegraph, 19th November2019

Source: www.telegraph.co.uk

Angus McCullough QC and Shaheen Rahman QC have tackled the question: ‘Disclosure in Closed Material Proceedings: What Has to Be Revealed?’ – 1 Crown Office Row

Posted November 19th, 2019 in closed material, disclosure, human rights, news by sally

‘Angus McCullough QC and Shaheen Rahman QC consider the approach to “disclosure” in closed material proceedings (CMPs). They address the background and rules of disclosure that govern the interface between open and closed material in CMPs, as they arise in different contexts, and in different courts and tribunals. The impact of fair trial rights (Article 6) under the ECHR, and the effect of EU rights, is analysed and current areas of debate explored.’

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1 Crown Office Row, 18th November 2019

Source: www.1cor.com

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Tribunals and human rights – Nearly Legal

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

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Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk