EXTRADITION: An Introduction – 5SAH
‘5SAH Chambers provides an overview of Extradition & International Law for Chambers & Partners.’
5SAH, 21st October 2024
Source: www.5sah.co.uk
Category: human rights
Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com
‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’
OUT-LAW.com, 21st October 2024
Source: www.pinsentmasons.com
Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
English water system singled out for criticism by UN special rapporteur – The Guardian
‘The privatised English water system has been singled out for criticism by the UN special rapporteur on the human right to clean water.’
The Guardian, 9th October 2024
Source: www.theguardian.com
High Court dismisses Judicial Review challenge to council housing allocation scheme – Local Government Lawyer
‘The High Court has dismissed a judicial review challenge to the London Borough of Enfield’s housing allocation scheme, after a claimant contended the scheme was unlawful both on a public law basis and that it breached the anti-discrimination provisions as set out in the ECHR and/or the Equality Act.’
Local Government Lawyer, 9th October 2024
Source: www.localgovernmentlawyer.co.uk
Paterson v UK: Parliament and Human Rights in Strasbourg – UK Human Rights Blog
‘The name ‘Chris Pincher’ has become synonymous with Boris Johnson’s downfall, but it was the case of Owen Paterson that precipitated the unrest in the Conservative Party that ultimately led to the former Prime Minister’s resignation.’
UK Human Rights Blog, 8th October 2024
Source: ukhumanrightsblog.com
Home Office ordered to pay over £203,995.24 in damages to Nigerian man – EIN Blog
‘Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024). In Mr Adegboyega’s case, the SSHD was ordered to pay over £203,995.24 in damages. A Nigerian national, Mr Adegboyega was unlawfully detained at Brook House Immigration Removal Centre for 88 days in 2017 despite having the right to remain in the UK as the spouse of an EEA national.’
EIN Blog, 30th September 2024
Source: www.ein.org.uk
How to Challenge a ‘Clearly Unfounded’ Immigration Decision – EIN Blog
‘In some circumstances, if your protection and/or human rights claim is refused, your claim may be certified by the Home Office as “clearly unfounded”. In this article we examine what to do next if you are facing this situation. You will be told that you have no right of appeal and that you must now leave the United Kingdom but such a designation is not necessarily the end of your claim in the UK. This article will go through your options if you receive a decision letter from the Home Office which refuses your claim and informs you the claim has been certified as “clearly unfounded”.’
EIN Blog, 27th September 2024
Source: www.ein.org.uk
Labour will have ‘blood on its hands’ if it rejects review of indefinite jail terms – The Independent
‘Families are warning the government will have “blood on its hands” if it turns its back on 3,000 prisoners as Labour is set to reject a review of cruel indefinite jail terms, The Independent has learned.’
The Independent, 30th September 2024
Source: www.independent.co.uk
Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog
‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’
UK Human Rights Blog, 24th September 2024
Source: ukhumanrightsblog.com
Protests, human rights and criminal activity – Law Society’s Gazette
‘When are university and other protests impermissible? When ‘a protest turns into a base camp for criminal activity’, said Ritchie J on 19 June 2024, giving judgment in University of Birmingham v Persons Unknown (1) and Mariyah Ali (2) [2024] EWHC 1529 (KB). And while concerning a university, this is also relevant to local government.’
Law Society's Gazette, 19th September 2024
Source: www.lawgazette.co.uk
Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy
‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’
Mental Capacity Law and Policy, 16th September 2024
Inside Operation Soteria: Half of rape investigation teams are not fully qualified – Each Other
‘The police inspectorate recently published its report on progress in delivering a new model for investigating rape and serious sexual offences, known as Operation Soteria.’
Each Other, 16th September 2024
Source: eachother.org.uk
Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer
‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’
Local Government Lawyer, 13th September 2024
Source: www.localgovernmentlawyer.co.uk
Home Office ‘mostly consulted Rwandan officials’ in asylum plan safety report – The Guardian
‘The last Conservative government relied largely on evidence from Rwandan officials in its assessment of the country as a safe place to send asylum seekers, an official report has found.’
The Guardian, 10th September 2024
Source: www.theguardian.com
Afghan family refused UK visas to join son, 13, evacuated from Kabul – The Guardian
‘The Home Office has rejected a visa application from a family trapped in Afghanistan, whose son was evacuated to the UK during the fall of Kabul.’
The Guardian, 9th September 2024
Source: www.theguardian.com
Absence of Authority? – Financial Remedies Journal
‘In G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B) (6 June 2024) HHJ Reardon asked:
“What is the default position in terms of publication in a case where s 12 [of the Administration of Justice Act 1969] does not apply?”’
Financial Remedies Journal, 1st September 2024
Source: financialremediesjournal.com
Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers
‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’
St Philips Barristers, 19th August 2024
Source: st-philips.com
The recent sentencing of climate protestors – Six Pump Court
‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’
Six Pump Court, 9th August 2024
Source: 6pumpcourt.co.uk
