‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’
Local Government Lawyer, 23rd September 2022
Source: www.localgovernmentlawyer.co.uk
‘The High Court has granted permission to proceed with a challenge to an undisclosed Home Office policy which states that asylum seekers can only be dispersed from temporary hotel accommodation on an “expedited” basis if there are “exceptional circumstances”.’
Each Other, 22nd September 2022
Source: eachother.org.uk
‘Article 10 and Article 11 of the Human Rights Act (HRA) state that everyone has the right to freedom of expression and freedom of assembly. However, this does not always hold true for marginalised groups.’
Each Other, 21st September 2022
Source: eachother.org.uk
‘European Court rejects Kate and Gerry McCann’s appeal over allegations in Portuguese detective’s 2008 book.”
Daily Telegraph, 20th October 2022
Source: www.telegraph.co.uk
‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’
Nearly Legal, 19th September 2022
Source: nearlylegal.co.uk
‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’
UK Constitutional Law Association, 12th September 2022
Source: ukconstitutionallaw.org
‘Dominic Raab’s hopes of making reform of the Human Rights Act the legacy of his period as lord chancellor have been been dashed, according to news reports this afternoon. The Bill of Rights Bill has been shelved while the government reviews “the most effective means to deliver objectives through our legislative agenda”, a source told the BBC’s political editor.’
Law Society's Gazette, 7th September 2022
Source: www.lawgazette.co.uk
‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’
Each Other, 5th September 2022
Source: eachother.org.uk
‘Describes the Commonwealth’s work on human rights and the issues it seeks to address, such as the economic empowerment of women and preventing modern slavery.’
House of Commons Library , 30th August 2022
Source: commonslibrary.parliament.uk
‘A High Court challenge against the Government’s plan to deport some asylum seekers to Rwanda is set to begin.’
The Independent, 5th September 2022
Source: www.independent.co.uk
‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’
Constitutional Law Matters, 24th August 2022
Source: constitutionallawmatters.org
‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’
Constitutional Law Matters, 23rd August 2022
Source: constitutionallawmatters.org
‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’
Law & Religion UK, 29th August 2022
Source: lawandreligionuk.com
‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’
Law Society's Gazette, 30th August 2022
Source: www.lawgazette.co.uk
‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’
EIN Blog, 23rd August 2022
Source: www.ein.org.uk
‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’
UK Human Rights Blog, 22nd August 2022
Source: ukhumanrightsblog.com
‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
‘Attorney General Suella Braverman spoke at Policy Exchange about equalities and human rights.’
Attorney General’s Office, 10th August 2022
Source: www.gov.uk/ago
‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’
Law Society's Gazette, 17th August 2022
Source: www.lawgazette.co.uk
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