Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

Interim declarations in the Court of Protection: a new approach? – Doughty Street Chambers

Posted October 21st, 2020 in care homes, chambers articles, Court of Protection, human rights, news by sally

‘The recent judgment in DP v London Borough of Hillingdon [2020] EWCOP 45 has important implications for interim declarations of capacity in s21A proceedings in the Court of Protection.’

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Doughty Street Chambers, 1st October 2020

Source: insights.doughtystreet.co.uk

When it attacks ‘lefty lawyers’, this government takes aim at the rule of law – The Guardian

‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Equality gains in the UK risk being reversed by coronavirus, says EHRC – The Guardian

Posted October 20th, 2020 in coronavirus, equality, human rights, news, reports by sally

‘Hard-won gains in equality and human rights in the UK are at risk of being reversed by the coronavirus pandemic, and society, the economy and living standards are facing long-lasting damage, the UK human rights watchdog has said.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

What Has Judicial Review Ever Done For Us? – Each Other

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

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Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

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The Guardian, 19th October 2020

Source: www.theguardian.com

When is it too harsh to separate a child from their parent? – UK Human Rights Blog

‘There has, in recent years, been a proliferation of case law on appeals against deportation by foreign national criminals on grounds of private and family life. The statutory scheme is complex enough, but the various tests (“unduly harsh”, “very compelling circumstances”) have also been subject to extensive judicial gloss, leaving practitioners and judges to wade through a confusing sea of alphabet-country soup case names.’

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UK Human Rights Blog, 16th October 2020

Source: ukhumanrightsblog.com

If an Englishman’s home is his castle, his clothes are his suit of armour – UK Police Law Blog

‘Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) concerned what many might consider to be the tail end of just another good night out. The claimant got into a taxi on 22 April 2017, in an advanced state of intoxication, and the taxi driver rang 999 to report that she had started abusing him and “kicking off”. She vomited all over herself and over the back of the taxi. Officers responding to this unfortunate misunderstanding found her covered in vomit, including in her hair. They arrested her for the offence of being drunk and disorderly. At the police station, Ms Pile was flailing her arms with the attention of striking the officers accompanying her. She later accepted a £60 fixed penalty notice as an alternative to being prosecuted. For many, the story would have ended there…’

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UK Police Law Blog, 14th October 2020

Source: ukpolicelawblog.com

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

Do Our Human Rights Protect Black Britons Equally? – Each Other

Posted October 14th, 2020 in coronavirus, equality, human rights, news, race discrimination, racism by sally

‘Human rights are supposed to apply to all of us equally – yet three quarters of Black people in Britain feel theirs are less protected than their white counterparts. Racism lies at the root of this inequality, writes Nadine Batchelor-Hunt.’

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Each Other, 13th October 2020

Source: eachother.org.uk

David Greene: Condemning lawyers for doing their jobs is inherently dangerous – The Guardian

‘The new president of the Law Society on why it’s crucial to defend the rule of law in these febrile times.’

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The Guardian, 14th October 2020

Source: www.theguardian.com

Lawyers claim knife attack at law firm was inspired by Priti Patel’s rhetoric – The Guardian

‘Britain’s top lawyers have written to Priti Patel to express their concern after a knifeman threatened to kill an immigration solicitor last month in an attack colleagues say was directly motivated by comments made by the home secretary.’

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The Guardian, 10th October 2020

Source: www.theguardian.com

Court of Appeal dismisses challenge to increase in state pension age – UK Human Rights Blog

‘In Delve and Anor v SSfWP [2020] EWCA Civ 1199, the Court of Appeal dismissed the challenge brought against the series of Pensions Acts between 1995 and 2014 which equalised the state pension age for women with that of men by raising the state pension age for women from 60 to 65 and then raising the age at which both men and women can claim their state pension.’

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UK Human Rights Blog, 9th October 2020

Source: ukhumanrightsblog.com

Government to review Human Rights Act – Law Society’s Gazette

‘Lord chancellor Robert Buckland has revealed that the government is to commission an independent review of the Human Rights Act.’

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Law Society's Gazette, 7th October 2020

Source: www.lawgazette.co.uk

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Coronavirus: Amnesty demands immediate inquiry into care home residents ‘abandoned to die’ – The Independent

‘The human rights of older people have been violated in England’s care homes because of a series of “shockingly irresponsible” government decisions in response to the coronavirus pandemic, a report has found.’

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The Independent, 4th October 2020

Source: www.independent.co.uk

Uighurs could be allowed to seek genocide ruling against China in UK – The Guardian

‘Uighurs and other Muslim minorities would be given the right to petition a UK high court judge to declare that genocide is taking place in China, requiring the UK government to curtail trade ties with Beijing, under proposals brought by MPs and peers.’

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The Guardian, 29th September 2020

Source: www.theguardian.com

Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

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The Guardian, 25th September 2020

Source: www.theguardian.com

Why Coronavirus Curbs On Our Liberty Need Better Scrutiny – Each Other

‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’

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Each Other, 25th September 2020

Source: eachother.org.uk

Were the March 2020 lockdown restrictions lawfully imposed? (Part 1) — Emmet Coldrick – UK Human Rights Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’

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UK Human Rights Blog, 24th September 2020

Source: ukhumanrightsblog.com