The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

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Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Prisoners to challenge indeterminate sentences at UK supreme court – The Guardian

‘The supreme court will hear a challenge by four offenders on Monday who allege that indeterminate sentences infringe the rights of prisoners if they are unable to get on to rehabilitative courses.

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The Guardian, 19th May 2014

Source: www.guardian.co.uk

Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Legal complaint filed against GCHQ ‘hacking’ – BBC News

‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk

Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph

‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’

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Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

Sex offender brings legal challenge over electronic tag – Daily Telegraph

‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’

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Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Discrimination and political membership – should we revisit Redfearn? – Halsbury’s Law Exchange

‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’

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Halsbury’s Law Exchange, 12th May 2014

Source: www.halsburyslawexchange.co.uk

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

Terminating a Father’s Parental Responsibility: Preserving the legal status quo – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings and Saoirse Townshend of 36 Bedford Row analyse an important Court of Appeal judgment on termination of PR.’

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Family Law Week, 9th May 2014

Source: www.familylawweek.co.uk

High Court strikes out barrister’s claim for compensation from BSB

‘A pioneering barrister who overturned a disciplinary tribunal ruling that she had conducted litigation in breach of the Bar’s then code of conduct, has lost her claim for compensation against the Bar Standards Board (BSB).’

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Legal Futures, 9th May 2014

Source: www.legalfutures.co.uk

Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

‘Do not resuscitate’ orders are failing patients, judges told – Daily Telegraph

Posted May 7th, 2014 in consent, hospitals, human rights, medical records, medical treatment, news by sally

‘Human rights watchdog joins family of patient in attempt to clarify rules over whether doctors must consult the seriously ill before deciding whether to resuscitate them.’

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Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Judicial Review, Legal Aid and Operation Cotton – the Human Rights Roundup – UK Human Rights Blog

Posted May 6th, 2014 in human rights, judicial review, legal aid, lord chancellor, news, trials by tracey

‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com