My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord – Panopticon

Posted August 11th, 2020 in appeals, data protection, deportation, human rights, immigration, news by sally

‘You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032.’

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Panopticon, 11th August 2020

Source: panopticonblog.com

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Government announces independent review of judicial review – Law Society’s Gazette

Posted August 7th, 2020 in government departments, human rights, judicial review, news, parliament by sally

‘On 31 July 2020 the Government launched an independent review to examine whether there is a need to reform the judicial review process in the UK. The terms of reference of the review are available here. The review follows pledges in the Conservative manifesto to ensure judicial review is “not abused to conduct politics by another means or to create endless delays”. The terms of reference make it clear that the review aims to consider whether judicial review has encroached too far into the work of the executive branch of government.’

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Law Society's Gazette, 6th August 2020

Source: www.lawgazette.co.uk

Government Scraps Immigration “Streaming Tool” before Judicial Review – UK Human Rights Blog

‘In response to a legal challenge brought by the Joint Council for the Welfare of Immigrants (JCWI), the Home Office has scrapped an algorithm used for sorting visa applications. Represented by Foxglove, a legal non-profit specialising in data privacy law, JCWI launched judicial review proceedings,, arguing that the algorithmic tool was unlawful on the grounds that it was discriminatory under the Equality Act 2010 and irrational under common law.’

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UK Human Rights Blog, 6th August 2020

Source: ukhumanrightsblog.com

Judge dismisses legal challenge by humanists, finds weddings discrimination to be justified with Law Commission review – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge brought by six couples who are humanists and who complained that the legal recognition of different forms of religious wedding ceremony under English law does not similarly extend to weddings carried out in accordance with their humanist beliefs.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

Ban on prison visits in England and Wales breaches children’s rights, say lawyers – The Guardian

Posted August 3rd, 2020 in children, coronavirus, families, human rights, Ministry of Justice, news, prisons by sally

‘The children of prisoners in England and Wales are having their human rights breached by the ban on jail visits and a lack of video contact, lawyers have claimed, as they begin the first step of legal action against the Ministry of Justice.’

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The Guardian, 31st July 2020

Source: www.theguardian.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

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Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

Manchester Arena Inquiry challenge dismissed – UK Human Rights Blog

‘The High Court has today handed down judgment in R (EA and Anor) v Chairman of the Manchester Arena Inquiry [2020] EWHC 2053 (Admin) refusing permission for judicial review to a group of survivors who unsuccessfully sought core participant status in the forthcoming inquiry into the Manchester Arena bombing attacks. A full legal analysis of the decision will follow. This article provides a summary of the judgment and its context.’

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UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

No recourse to public funds; no recourse to dignity – 1MCB

Posted July 30th, 2020 in benefits, children, human rights, immigration, news by sally

‘Geeta Koska recently published a blog on the future impact on the protection of children’s welfare of the High Court’s decision in R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Another [2020] EWHC 1299 (Admin). The blog was published in “Children and Young People Now”.’

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1MCB, July 2020

Source: 1mcb.com

A Guide to Protestor Rights Balanced Against Police Powers – St Pauls Chambers

‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’

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St Pauls Chambers, 18th July 2020

Source: www.stpaulschambers.com

Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

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Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

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Each Other, 27th July 2020

Source: eachother.org.uk

Novichok inquest quashed – UK Human Rights Blog

Posted July 27th, 2020 in coroners, families, human rights, inquests, inquiries, news, Russia, unlawful killing by sally

‘The High Court has today [24 July] handed down a judgment quashing a coroner’s decision on the scope of the inquest into the death of Dawn Sturgess: R (GS) v HM Senior Coroner for Wiltshire and Swindon [2020] EWHC 2007 (Admin).’

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UK Human Rights Blog, 24th July 2020

Source: ukhumanrightsblog.com

Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog

‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’

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UK Human Rights Blog, 21st July 2020

Source: ukhumanrightsblog.com

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

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UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

What Shamima Begum’s Case Means For Our Right To A Fair Trial – Each Other

‘The UK is the country Shamima Begum was born, raised, groomed and radicalised in. Like any Briton accused of any crime – she must have the right to a fair trial, writes human rights lawyer Shoaib M Khan.’

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Each Other, 17th July 2020

Source: eachother.org.uk

Why is this government so eager to strip people like Shamima Begum of their citizenship? – The Guardian

Posted July 20th, 2020 in appeals, citizenship, government departments, human rights, news, terrorism by sally

‘As makeshift desert prisons collapse, Britain is in real danger of losing track of its imprisoned nationals.’

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The Guardian, 17th July 2020

Source: www.theguardian.com

Gay Conversion Therapy Is Torture, The UK Must Ban It – Each Other

‘Conversion therapy is a set of pseudo-scientific practices which aim to change, suppress, or divert a person’s sexual orientation or gender identity. It is based on the assumption that “being lesbian, gay, bi or trans is a mental illness that can be “cured”.’

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Each Other, 16th July 2020

Source: eachother.org.uk

UK’s Magnitsky law does little to stem flow of dirty money from Russia – The Guardian

Posted July 13th, 2020 in human rights, news, Russia, sanctions by sally

‘He is known as Vladimir Putin’s enforcer. Almost every criminal case in Russia – from Pussy Riot to anti-government street protests – passes his desk. But as of last week Moscow’s top law officer, Alexander Bastrykin, is no longer welcome in Britain. He is banned from owning property, opening a bank account or popping over from Moscow for a weekend jaunt.’

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The Guardian, 10th July 2020

Source: www.theguardian.com