Appeal court shies away from right to die issue – UK Human Rights Blog

Posted July 31st, 2013 in appeals, assisted suicide, euthanasia, human rights, medical ethics, news by sally

“The Court of Appeal has today unanimously dismissed appeals by Jane Nicklinson and Paul Lamb challenging the legal ban on voluntary euthanasia.”

Full story

UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

Full story

UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Bedroom tax JR – NearlyLegal

“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”

Full story

NearlyLegal, 3oth July 2013

Source: www.nearlylegal.co.uk

Couple’s stolen caravan cannot be returned as could breach traveller family’s ‘human rights’ – Daily Telegraph

Posted July 31st, 2013 in civil justice, housing, human rights, news, police, theft, travellers by sally

“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”

Full story

Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Right-to-die campaigners lose battle – BBC News

Posted July 31st, 2013 in appeals, assisted suicide, human rights, medical ethics, news by sally

“The family of late locked-in syndrome sufferer Tony Nicklinson and paralysed road accident victim Paul Lamb have lost their right-to-die challenges.”

Full story

BBC News, 31st July 2013

Source: www.bbc.co.uk

Rape victims let down by CPS, says watchdog – Daily Telegraph

Posted July 31st, 2013 in disclosure, human rights, medical records, news, prosecutions, rape, victims by sally

“Rape victims’ human rights are being infringed by the Crown Prosecution Service handing defence lawyers too much information about their injuries and treatment, a watchdog has said.”

Full story

Daily Telegraph, 31st July 2013

Source: www.telegraph.co.uk

Right-to-die man awaits court ruling – BBC News

Posted July 31st, 2013 in appeals, assisted suicide, human rights, medical ethics, necessity, news by sally

“The Court of Appeal is due to rule on the case of a paralysed man who wants to be helped to die.”

Full story

BBC News, 31st July 2013

Source: www.bbc.co.uk

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309

“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

What does ‘surveillance’ mean? – Panopticon

Posted July 30th, 2013 in consent, human rights, investigatory powers, news by sally

“A five-member panel of the Investigatory Powers Tribunal last week issued its decision in Re: a Complaint of Surveillance (case no: IPT/A1/2013). The decision was on a preliminary point arising from this sort of factual scenario: suppose you voluntarily participate in an interview with policing/investigatory authorities but, unbeknownst to you, the investigators use a device to record that interview? Would this act of recording constitute ‘surveillance’ for the purposes of the Regulation of Investigatory Powers Act 2000 (RIPA), such that it requires authorisation (assuming it to be ‘directed’) was required? Would it engage your rights under Article 8 ECHR?”

Full story

Panopticon, 29th July 2013

Source: www.panopticonblog.com

Ex-wife of RAF officer fights MoD eviction order in court – Daily Telegraph

“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”

Full story

Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Military ‘justice’ is screaming out for reform – The Guardian

Posted July 29th, 2013 in armed forces, courts martial, criminal justice, human rights, news by sally

“The practice of trying the military – such as Danny Nightingale – in a court martial rather than a civilian court is anachronistic.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) – Supreme Court

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) [2013] UKSC 53 | UKSC 2012/0069 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

The implications for access to justice of the Government’s proposed legal aid reforms – Joint Committee on Human Rights

“The Joint Committee on Human Rights, chaired by Dr Hywel Francis MP, is today launching an inquiry into the implications for access to justice of certain of the Government’s proposals to reform legal aid, as set out in its Consultation Paper Transforming Legal Aid: delivering a more credible and efficient system.”

Full press release

Joint Committee on Human Rights, 18th July 2013

Source: www.parliament.uk

MoD could face legal action over Brecon Beacons heatwave deaths – The Independent

Posted July 25th, 2013 in armed forces, duty of care, human rights, inquests, news by tracey

“A coroner has suggested that the Ministry of Defence could face legal action over two soldiers who died while undergoing the gruelling SAS selection process.”

Full story

The Independent, 25th July 2013

Source: www.independent.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Second Christian B&B case headed for the Supreme Court – UK Human Rights Blog

“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by tracey

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup – UK Human Rights Blog

Posted July 23rd, 2013 in constitutional law, courts, human rights, marriage, news by tracey

“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Beware of the web – New Law Journal

“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”

Full story

New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk