No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

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Free Movement, 19th May 2017

Source: www.freemovement.org.uk

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Homeless duties, human rights and suitability decisions – Nearly Legal

‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’

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Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

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Clarity cut adrift: Human rights arguments triable in mooring cases – Henderson Chambers

Posted May 16th, 2017 in appeals, canals, human rights, news by sally

‘Judgment has been handed down by the Court of Appeal in Jones v Canal & River Trust (2017) EWCA Civ 135. The case concerned a claim brought by the Canal and River Trust (‘the C&RT’) to remove Mr Jones’ boat using its powers under the British Waterways Acts 1971 and 1983 (‘the Acts’) and for injunctive relief restraining him from mooring, navigating or securing his boat on any of its waterways. Mr Jones raised an Article 8 European Convention on Human Rights defence arguing, inter alia, that the C&RT had not carried out any or any adequate proportionality assessment. The county court at first instance struck out the Article 8 defence, a decision which the Court of Appeal has now overturned.’

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Henderson Chambers, 10th April 2017

Source: www.hendersonchambers.co.uk

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Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’

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Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

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Campaign group to challenge UK over surrender of passwords at border control – The Guardian

‘The human rights group Cage is preparing to mount a legal challenge to UK anti-terrorism legislation over a refusal to hand over mobile and laptop passwords to border control officials at air terminals, ports and international rail stations.’

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The Guardian, 14th May 2017

Source: www.guardian.co.uk

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Supreme and Strasbourg Courts square off on Art. 6 and housing – UK Human Rights Blog

Posted May 11th, 2017 in homelessness, housing, human rights, local government, mental health, news by tracey

‘Poshteh v Royal Borough of Kensington & Chelsea S [2017] UKSC 36, 10 May 2017. For the last 15 years, whether the right of the homeless to suitable council accommodation is an Art.6(1) ECHR civil right has been argued over in the courts. And the question arose again in today’s judgment of the Supreme Court.’

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UK Human Rights Blog, 10th May 2017

Source: www.ukhumanrightsblog.com

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Supreme Court backs decision of reviewing officer over accommodation offer – Local Government Lawyer

‘The Supreme Court has upheld a reviewing officer’s decision that it was reasonable for a refugee to accept an offer of accommodation which she claimed reminded her of prison in Iran.’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

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Number of suspected slavery victims in London expected to leap by 60% – The Guardian

Posted May 11th, 2017 in human rights, London, news, police, statistics, victims by tracey

‘The head of the Metropolitan police’s anti-slavery unit has said the number of suspected victims in London is expected to leap by 60% this year, as campaigners warn that people are being left open to repeated abuse because of a failure to protect them.’

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The Guardian, 10th May 2017

Source: www.guardian.co.uk

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Supreme Court to rule this week on Article 6 and housing decisions – Local Government Lawyer

Posted May 9th, 2017 in appeals, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’

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Local Government Lawyer, 8th May 2017

Source: www.localgovernmentlawyer.co.uk

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The right to put your past behind you: Court of Appeal Art.8 ruling – UK Human Rights Blog

Posted May 5th, 2017 in appeals, criminal records, disclosure, human rights, news by tracey

‘R (o.t.a P & others) v. Secretary of State for Home Department & others [2017] EWCA Civ 321, Court of Appeal, 3 May 2017.
The Court of Appeal has upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8.’

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UK Human Rights Blog, 4th May 2017

Source: www.ukhumanrightsblog.com

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The Tribunal unleashed – Nearly Legal

Posted April 28th, 2017 in appeals, benefits, housing, human rights, news, regulations by tracey

‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’

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Nearly Legal, 27th April 2017

Source: www.nearlylegal.co.uk/blog/

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Child locked in cell for more than 23 hours a day at Feltham, high court told – The Guardian

Posted April 26th, 2017 in children, detention, human rights, news, young offenders by sally

‘A child has been held in “prolonged periods of solitary confinement” at Feltham young offender institution, locked in his cell for 23 and a half hours a day and denied the education to which he is legally entitled, the high court has heard.’

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The Guardian, 25th April 2017

Source: www.guardian.co.uk

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Plan to opt out of rights accords in future wars dangerous, inquiry hears – The Guardian

‘Government plans to opt out of international human rights agreements in future conflicts would be dangerous and prevent British soldiers from obtaining justice, according to evidence submitted to a parliamentary inquiry by the Law Society and Liberty.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

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Debating the right to die – OUP Blog

Posted April 25th, 2017 in assisted suicide, euthanasia, human rights, news, suicide by sally

‘There are so many reasons why we value and promote choice and autonomy. The country and news media quite rightly protests with outrage when bad things happen to good people as their lives and civil liberties are destroyed by acts of terrorism and grievous crimes.’

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OUP Blog, 21st April 2017

Source: www.blog.oup.com

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Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

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Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

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Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

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Free Movement, 18th April 2017

Source: www.freemovement.org.uk

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£40,000 worth of drugs discovered at ‘unsafe’ Lancashire prison – The Guardian

‘More than 80 prisoners in fear of their safety have sought sanctuary in a special unit in a Lancashire jail inspectors say is the most violent they have visited in recent times.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

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Conor Gearty speaks to the Oxford Law Vox about human rights – OUP Blog

Posted April 18th, 2017 in barristers, bills, human rights, news by sally

‘In this episode of the Oxford Law Vox podcast, human rights expert Conor Gearty talks to George Miller about human rights in the UK.’

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OUP Blog, 17th April 2017

Source: www.blog.oup.com

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Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

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Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures

‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’

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Litigation Futures, 11th April 2017

Source: www.litigationfutures.com

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