‘‘Trial by media’ is often touted as a crude alternative to our legal system. But in losing his libel action against The Sun, Johnny Depp’s court battle backfired. It’s a resounding win for press freedom – and for domestic abuse survivors.’
Each Other, 16th November 2020
Source: eachother.org.uk
‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’
Cloisters, 6th November 2020
Source: www.cloisters.com
‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’
Parklane Plowden Chambers, 6th November 2020
Source: www.parklaneplowden.co.uk
‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
‘The widow of Alexander Litvinenko has submitted a claim against Russia to the European court of human rights (ECHR), seeking €3.5m (£3.1m) in compensation for his murder by radiation poisoning in London.’
The Guardian, 15th November 2020
Source: www.theguardian.com
‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’
Law & Religion UK, 11th November 2020
Source: lawandreligionuk.com
‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’
The Guardian, 11th November 2020
Source: www.theguardian.com
‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’
39 Essex Chambers, 15th October 2020
Source: www.39essex.com
‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’
UK Human Rights Law Blog, 5th November 2020
Source: ukhumanrightsblog.com
‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’
UK Human Rights Law Blog, 3rd November 2020
Source: ukhumanrightsblog.com
‘Demonstrations of more than two people are to be banned during the month-long lockdown in England, after ministers removed an exemption that has allowed protests to take place in recent months.’
The Independent,3rd November 2020
Source: www.independent.co.uk
‘The former secretary-general of the United Nations has condemned Home Secretary Priti Patel’s recent attack on lawyers – although he did not criticise her by name.’
Legal Futures, 3rd November 2020
Source: www.legalfutures.co.uk
‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’
Law Society's Gazette, 30th October 2020
Source: www.lawgazette.co.uk
‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’
UK Human Rights Blog, 28th October 2020
Source: ukhumanrightsblog.com
‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (“the Policy”) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’
UK Human Rights Blog, 27th October 2020
Source: ukhumanrightsblog.com
‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’
UK Human Rights Blog, 22nd October 2020
Source: ukhumanrightsblog.com
‘The debate around reparations for colonialism and slavery has often been an explosive one. It is often dismissed as far removed from reality, relating to events in the distant past. But the legacy and consequences of colonialism are material, living, and breathing – which makes debates around colonial restitution as relevant now as they have ever been, argues Nadine Batchelor-Hunt.’
Each Other, 22nd October 2020
Source: eachother.org.uk
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