“One of Britain’s most senior judges said the rapid rise in the number of laws in recent years had been necessary as other modes of social control such as religion and old fashioned morality declined.”
Daily Telegraph, 28th November 2013
Source: www.telegraph.co.uk
Preddy v Bull and another; Hall v Same: [2013] UKSC 73; [2013] WLR (D) 454
‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
‘UK courts should stop deferring to the European court of human rights on every issue and develop their own rulings, according to Lord Justice Laws, the longest serving court of appeal judge.’
The Guardian, 27th November 2013
Source: www.guardian.co.uk
‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’
Local Government Lawyer, 26th November 2013
Source: www.localgovernmentlawyer.co.uk
‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’
NearlyLegal, 26th November 2013
Source: www.nearlylegal.co.uk/blog/
‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’
UK Human Rights Blog, 21st November 2013
Source: www.ukhumanrightsblog.com
‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’
Panopticon, 22nd November 2013
Source: www.panopticonblog.com
‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’
UK Human Rights Blog, 21st November 2013
Source: www.ukhumanrightsblog.com
‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’
UK Human Rights Blog, 20th November 2013
Source: www.ukhumanrightsblog.com
‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’
Head of Legal, 21st November 2013
Source: www.headoflegal.com
Supreme Court, 20th November 2013
“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”
Hardwicke Chambers, 8th November 2013
Source: www.hardwicke.co.uk
“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”
UK Human Rights Blog, 18th November 2013
Source: www.ukhumanrightsblog.com
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“A human rights organisation that supports gay and lesbian individuals in countries where homosexuality is outlawed has been denied charitable status on the grounds that it is not sufficiently of ‘public benefit’.”
The Guardian, 17th November 2013
Source: www.guardian.co.uk
“In July 2012, the government published its response to the EHRC recommendations from its inquiry into disability related harassment. Our response set out our commitment to tackle disability related harassment and how we planned to take forward work to address the issues identified, including through ‘Challenge it, Report it, Stop it’, the government’s plan to tackle hate crime. This update provides an overview of the government’s specific achievements to address hate crime and disability-related harassment to date. Over the last year we have made significant progress in a number of areas to identify gaps and improve our response to disability equality, change negative attitudes and provide support for disabled people and disabled people’s organisations.”
Home Office, 14th November 2013
Source: www.gov.uk/home-office
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