‘The family of a 12-year-old girl who drowned in a river has launched legal action against the police force which investigated her death.’
BBC News, 6th January 2021
Source: www.bbc.co.uk
‘This is the second of two posts by David Gollancz, a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification. The first post concerned the treatment of transgender parents. This second post deals with the position of the offspring of gamete donation.’
UK Human Rights Blog, 17th December 2020
Source: ukhumanrightsblog.com
‘Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020): In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the ECtHR found a violation of article 8 of the ECHR. Mr Unuane was deported after a conviction for offences relating to falsification of 30 applications for leave to remain in the UK and he was sentenced to five years and six months’ imprisonment, his appeal was unsuccessful. His Nigerian partner was also convicted of the same offence and, along with their three minor children, she was initially subject to a deportation order as well. Unlike Mr Unuane, their appeals were allowed, owing to the best interests of the children, and they remained in the UK. The SSHD was obliged to make a deportation order against Mr Unuane section 32(5) of the UK Borders Act 2007. The SSHD considered that he was a “foreign criminal” as defined by section 32(1) of the 2007 Act and accordingly his deportation, by virtue of section 32(4) of the 2007 Act, was deemed to be conducive to the public good. The FTT dismissed his appeal but the UT found that the FTT had materially erred in law. The UT found that “the wife needs him and she is staying” and “the boys need him”. However, it held that there were no “very compelling circumstances” and it dismissed the appeal. Reliance placed in Hesham Ali v SSHD [2016] UKSC 60 failed to satisfy the Court of Appeal which refused permission to appeal in 2017.’
EIN Blog, 17th December 2020
Source: www.ein.org.uk
‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’
BBC News, 15th December 2020
Source: www.bbc.co.uk
‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’
UK Human Rights Blog, 14th December 2020
Source: ukhumanrightsblog.com
‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’
UK Human Rights Blog, 10th December 2020
Source: ukhumanrightsblog.com
‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’
Law Society's Gazette, 9th December 2020
Source: www.lawgazette.co.uk
‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’
The Guardian, 7th December 2020
Source: www.theguardian.com
‘The use of Tasers and spit hoods on children should be banned in the UK, the global humanitarian organisation for children Unicef has recommended.’
The Guardian, 8th December 2020
Source: www.theguardian.com
‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’
UK Human Rights Blog, 1st December 2020
Source: ukhumanrightsblog.com
‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’
UK Human Rights Blog, 30th November 2020
Source: ukhumanrightsblog.com
‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’
UK Human Rights Blog, 25th November 2020
Source: ukhumanrightsblog.com
‘The family of a young man stabbed to death by a convicted terrorist are suing the government over alleged failures to manage the attacker in the community.’
The Guardian, 26th November 2020
Source: www.theguardian.com
‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’
39 Essex Chambers, 6th November 2020
Source: www.39essex.com
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