‘An International Embarrassment’: Just How Likely Is It The Human Rights Act Could Actually Be Scrapped? – Rights Info

Posted February 14th, 2019 in human rights, news, treaties by sally

‘Our human rights are some of the most longstanding British traditions alive, often dated all the way back to Magna Carta. Somewhat conversely though, they feel continually under threat, with one expert saying recent questions over their future could leave us a “rung below Russia”.’

Full Story

Rights Info, 13th February 2019

Source: rightsinfo.org

Opinion – My womb is my bond: Why every surrogacy arrangement should incorporate a contract – Family Law

Posted February 11th, 2019 in children, contracts, families, human rights, news, parental rights, pregnancy, surrogacy by tracey

‘Researcher Rachel Cooper, who recently completed an MA in medical law at King’s College London, argues that every surrogacy arrangement should incorporate a contract.’

Full Story

Family Law, 11th February 2019

Source: www.familylaw.co.uk

MPs and peers call for end to indefinite detention – The Guardian

‘Indefinite detention in immigration centres is traumatic and the practice should be stopped, with people ideally held for no longer than 28 days, a parliamentary committee has recommended. In a highly critical report, the joint committee on human rights (JCHR), made up of MPs and peers, described the UK’s immigration system as “slow, unfair and expensive to run”, and said detention should be authorised only by decision-makers independent of the Home Office.’

Full Story

The Guardian, 7th February 2019

Source: www.theguardian.com

Stansted 15: no jail for activists convicted of terror-related offences – The Guardian

‘Fifteen activists convicted of a terrorism-related offence for chaining themselves around an immigration removal flight at Stansted airport have received suspended sentences or community orders.’

Full Story

The Guardian, 6th February 2019

Source: www.theguardian.com

‘Free speech’ guidance issued for universities’ – OUT-LAW.com

‘Universities could be breaking the law if they, or their students’ unions, hold speaking events on campus and refuse to allow certain people or groups to put across their views, according to new ‘free speech’ guidance.’

Full Story

OUT-LAW.com, 5th February 2019

Source: www.out-law.com

Judge “wrong” not to make unless order over unpaid costs – Litigation Futures

Posted February 5th, 2019 in assault, costs, human rights, judges, mental health, news, personal injuries by tracey

‘A circuit judge was wrong not to make an unless order against a claimant who failed to pay the costs of a preliminary hearing, the High Court has ruled.’

Full Story

Litigation Futures, 5th January 2019

Source: www.litigationfutures.com

Brexit, Martial Law And Human Rights – Rights Info

‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’

Full Story

Rights Info, 30th January 2019

Source: rightsinfo.org

Lord McNally: ‘We had to cut legal aid. It’s not a bottomless pit’ – The Guardian

Posted January 30th, 2019 in budgets, human rights, legal aid, legal services, news, probation by sally

‘The Lib-Dem peer says coalition cuts were necessary but have gone too far – people must be able to access justice.’

Full Story

The Guardian, 30th January 2019

Source: www.theguardian.com

Elizabeth Adams: Prisoners’ Voting Rights: Case Closed? – UK Constitutional Law Association

Posted January 30th, 2019 in elections, enfranchisement, human rights, news, prisons, Supreme Court by sally

‘On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final resolution CM/ResDH(2018)467. Thirteen years after Hirst v United Kingdom (No.2) (2006) 42 EHRR 41 (Hirst) was made final, the protracted prisoner voting stalemate is over. Case closed. Or is it?’

Full Story

UK Constitutional Law Association, 30th January 2019

Source: ukconstitutionallaw.org

Former prisoner sues Ministry of Justice over PTSD from rats – The Guardian

‘A man is suing the prison service after he developed post-traumatic stress disorder (PTSD) from rats running across his body and bed while he was locked in his cell, the Guardian has learned.’

Full Story

The Guardian, 29th January 2019

Source: www.theguardian.com

Closed judgments: security, accountability and court processes – UK Human Rights Blog

‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’

Full Story

UK Human Rights Blog, 25th January 2019

Source: ukhumanrightsblog.com

Court of Appeal quashes convictions for unlawfully obtaining personal data – Local Government Lawyer

Posted January 25th, 2019 in burden of proof, data protection, human rights, news, statutory interpretation by tracey

‘The Court of Appeal has quashed the conviction of a defendant for unlawfully obtaining personal data. At issue in Shepherd v The Information Commissioner [2019] EWCA Crim 2 was whether s.55 (2) of the Data Protection Act 1998 imposes a legal or evidential burden of proof on a defendant; and, if the former, whether the outcome is compatible with Article 6 of the European Convention on Human Rights (the right to a fair trial).’

Full Story

Local Government Lawyer, 25th January 2019

Source: www.localgovernmentlawyer.co.uk

Protester wins fight to wipe political activities from police database – The Guardian

Posted January 25th, 2019 in criminal records, data protection, demonstrations, human rights, news, police by tracey

‘A 94-year-old peaceful protester has won an eight-year legal battle to force the police to delete details of his political activities from a secretive database. On Thursday, the European court of human rights ruled in favour of John Catt, noting he “had never been convicted of any offence and his risk of violent criminality was remote”.’

Full Story

The Guardian, 24th January 2019

Source: www.theguardian.com

Police and NHS not liable to victim’s children in negligence or breach of human rights – UK Police Law Blog

‘In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights.’

Full Story

UK Police Law Blog, 24th January 2019

Source: ukpolicelawblog.com

What Is The Human Rights Act And Why Is Theresa May ‘Considering Scrapping’ It? – Rights Info

Posted January 23rd, 2019 in brexit, human rights, news, repeals by sally

‘The Human Rights Act preserves all of our fundamental human rights, from the right to life to the right to privacy and the right to free speech. It is the catch-all law that states our most basic rights so all of us can fight against discrimination and injustice.’

Full Story

Rights Info, 22nd January 2019

Source: rightsinfo.org

Walsall Council wins Muslim graves High Court battle – BBC News

Posted January 23rd, 2019 in burials and cremation, human rights, Islam, local government, news by sally

‘A Muslim man who said his human rights were breached by a council’s refusal to permit a marble edge around a grave has lost a High Court battle.’

Full Story

BBC News, 22nd January 2019

Source: www.bbc.co.uk

Home Office refuses to let great-grandparents remain in UK – The Guardian

Posted January 18th, 2019 in appeals, autism, children, deportation, families, grandparents, human rights, immigration, news by tracey

‘The Home Office is trying to separate a couple from their four British children, 11 grandchildren and a great-grandchild by forcing them to return to Iran.’

Full Story

The Guardian, 18th January 2019

Source: www.theguardian.com

Recent ruling on Universal Credit – UK Human Rights Blog

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

Full Story

UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

New Judgment: Welsh Ministers v PJ [2018] UKSC 66 – UKSC Blog

‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’

Full Story

UKSC Blog, 17th December 2018

Source: ukscblog.com

Supreme Court rules on CTOs, conditions and deprivations of liberty – Local Government Lawyer

‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’

Full Story

Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk