New criminal record disclosure rules take effect – UK Human Rights Blog

‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’

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UK Human Rights Blog, 1st December 2020

Source: ukhumanrightsblog.com

Jamaican nationals taken off charter flight in eleventh hour over trafficking concerns – The Independent

‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Does the lockdown breach the right to freedom of religion? – UK Human Rights Blog

Posted December 1st, 2020 in coronavirus, human rights, news, regulations by sally

‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’

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UK Human Rights Blog, 30th November 2020

Source: ukhumanrightsblog.com

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

Family of man killed by convicted terrorist sue UK government – The Guardian

‘The family of a young man stabbed to death by a convicted terrorist are suing the government over alleged failures to manage the attacker in the community.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Is Lockdown 2 Lawful? – 39 Essex Chambers

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

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39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Depp’s Defeat: A Human Rights Victory – Each Other

Posted November 17th, 2020 in defamation, domestic violence, freedom of expression, human rights, news, victims by sally

‘‘Trial by media’ is often touted as a crude alternative to our legal system. But in losing his libel action against The Sun, Johnny Depp’s court battle backfired. It’s a resounding win for press freedom – and for domestic abuse survivors.’

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Each Other, 16th November 2020

Source: eachother.org.uk

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

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Cloisters, 6th November 2020

Source: www.cloisters.com

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

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Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Marina Litvinenko submits €3.5m ECHR claim against Russia – The Guardian

Posted November 16th, 2020 in compensation, damages, human rights, inquiries, international law, murder, news, poisoning, Russia by sally

‘The widow of Alexander Litvinenko has submitted a claim against Russia to the European court of human rights (ECHR), seeking €3.5m (£3.1m) in compensation for his murder by radiation poisoning in London.’

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The Guardian, 15th November 2020

Source: www.theguardian.com

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

Harry Dunn death: family begins court case against Foreign Office – The Guardian

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

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39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Divisional Court gives guidance on article 2 inquests – UK Human Rights Law Blog

‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’

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UK Human Rights Law Blog, 5th November 2020

Source: ukhumanrightsblog.com

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com

Coronavirus: Priti Patel bans demonstrations during England’s lockdown – The Independent

‘Demonstrations of more than two people are to be banned during the month-long lockdown in England, after ministers removed an exemption that has allowed protests to take place in recent months.’

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The Independent,3rd November 2020

Source: www.independent.co.uk

Former UN chief hits out at “activist lawyer” label – Legal Futures

Posted November 3rd, 2020 in harassment, human rights, legal profession, news, rule of law by tracey

‘The former secretary-general of the United Nations has condemned Home Secretary Priti Patel’s recent attack on lawyers – although he did not criticise her by name.’

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Legal Futures, 3rd November 2020

Source: www.legalfutures.co.uk

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk