Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers

‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’

Full Story

Garden Court Chambers, 18th October 2022

Source: www.gardencourtchambers.co.uk

Calls For IPP Prisoners To Be Re-Sentenced Over Abolished Guidance – Each Other

Posted October 17th, 2022 in human rights, imprisonment, news, sentencing by sally

‘Prisoners sentenced under draconian guidance are serving sentences which were abolished in 2012 when the European Court of Human Rights (ECHR) found them to be “fundamentally unjust” and “unlawful”. A total of 1,661 offenders sentenced under Imprisonment for Public Protection (IPP) continue to serve prolonged or unjust sentences. Now, the Justice Committee is calling for those prisoners to be re-sentenced. Some prisoners have served ten years on top of their minimum sentence, which could be found to breach their right to liberty.’

Full Story

Each Other, 13th October 2022

Source: eachother.org.uk

Unions Launch Legal Action Over The Government’s Agency Workers Strike Law – Each Other

‘Ten trade unions are taking legal action against the government’s new regulations that allow agency workers to fill in for workers on strike. ‘

Full Story

Each Other, 12th October 2022

Source: eachother.org.uk

Damage to statues and ECHR rights – Local Government Lawyer

‘The Court of Appeal has concluded in the Attorney General’s referral of the jury acquittal of the Colston 4 that ECHR rights were not engaged where damage to property was criminal. Rosalind English analyses the ruling.’

Full Story

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal concludes in AG referral of jury acquittal of Colston 4 that ECHR rights were not engaged where damage to property was criminal – UK Human Rights Blog

‘Four defendants were acquitted by a jury in Bristol Crown Court following their trial for allegations of criminal damage on 7 June 2020 to a statue of the English merchant Edward Colston (1636-1721). The story has been widely covered elsewhere so I will limit this post to a discussion of the reference itself.’

Full Story

UK Human Rights Blog, 4th October 2022

Source: ukhumanrightsblog.com

Colston four: protesters cannot rely on ‘human rights’ defence, top judge rules – The Guardian

Posted September 29th, 2022 in appeals, criminal damage, demonstrations, human rights, monuments, news, violence by sally

‘Protesters accused of “significant” criminal damage cannot rely on human rights protections when on trial, the court of appeal has said.’

Full Story

The Guardian, 28th September 2022

Source: www.theguardian.com

Bristol Colston statue toppling was ‘violent act’, say judges – BBC News

Posted September 28th, 2022 in appeals, criminal damage, demonstrations, human rights, monuments, news, violence by michael

‘The toppling of a statue of slave trader Edward Colston was a “violent” act, appeal court judges have ruled.

They also ruled human rights protections were not available as a defence to the so-called Colston Four, who were acquitted of criminal damage.’

Full Story

BBC News, 28th September 2022

Source: www.bbc.co.uk

A History Of HIV And Human Rights In The UK – Each Other

‘Human Immunodeficiency Virus (HIV) is a virus that affects and weakens the immune system. It was first identified in the 1980s, despite it having existed for decades by then. Over the past 40 years, UK society has seen significant developments for those living with HIV. In this timeline, we take a look back over those developments and how they relate to human rights.’

Full Story

Each Other, 25th September 2022

Source: eachother.org.uk

Top human rights barrister highlights Chinese cyber-attacks on her and others – Legal Futures

‘One of the country’s leading human rights barristers has complained about Twitter accounts and emails purporting to be from her and other human rights defenders that spring up when they criticise China.’

Full Story

Legal Futures, 26th September 2022

Source: www.legalfutures.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘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.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Home Office Refused to House Mum of Two Who Was Denied Baby Food – Each Other

Posted September 22nd, 2022 in asylum, children, food, government departments, housing, human rights, judicial review, news by sally

‘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”.’

Full Story

Each Other, 22nd September 2022

Source: eachother.org.uk

Do Marginalised People Get The Same Level Of Free Speech As Others? – Each Other

‘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.’

Full Story

Each Other, 21st September 2022

Source: eachother.org.uk

Parents of Madeleine McCann face substantial legal costs after losing libel battle – Daily Telegraph

‘European Court rejects Kate and Gerry McCann’s appeal over allegations in Portuguese detective’s 2008 book.”

Full Story

Daily Telegraph, 20th October 2022

Source: www.telegraph.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘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.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer

Posted September 15th, 2022 in care homes, community care, Court of Protection, elderly, human rights, mental health, news by tracey

‘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.’

Full Story

Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law – UK Constitutional Law Association

‘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.’

Full Story

UK Constitutional Law Association, 12th September 2022

Source: ukconstitutionallaw.org

Raab’s human rights reform shelved – Law Society’s Gazette

Posted September 8th, 2022 in bills, human rights, news by sally

‘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.’

Full Story

Law Society's Gazette, 7th September 2022

Source: www.lawgazette.co.uk

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘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.’

Full Story

Each Other, 5th September 2022

Source: eachother.org.uk

Research Briefing: Commonwealth and Human Rights Research Briefing Published Tuesday, 30 August, 2022 – House of Commons Library

‘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.’

Full Story

House of Commons Library , 30th August 2022

Source: commonslibrary.parliament.uk