Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? – 5SAH

‘Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. John Oliver discusses for Lexis Nexis PSL.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog

‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’

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UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Benefit claimants unlawfully short-changed, court rules – The Guardian

Posted May 13th, 2020 in appeals, benefits, compensation, government departments, human rights, news by sally

‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog

‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’

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UK Police Law Blog, 12th May 2020

Source: ukpolicelawblog.com

Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian

‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Immigration Law Update May 2020 – 4 King’s Bench Walk

‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’

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4 King's Bench Walk, 5th May 2020

Source: www.4kbw.co.uk

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

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Each Other, 8th May 2020

Source: eachother.org.uk

Juries and Covid-19: protecting the right to a fair trial – UK Human Rights Blog

Posted May 12th, 2020 in coronavirus, human rights, juries, news by sally

‘With Covid-19 having driven jury-trials to a grinding halt, it is no overstatement to suggest that justice itself has been suspended.’

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UK Human Rights Blog, 7th May 2020

Source: ukhumanrightsblog.com

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com

Court of Appeal upholds hostile environment policy requiring landlords to check immigration status of prospective tenants – 5SAH

Posted May 7th, 2020 in human rights, immigration, judicial review, landlord & tenant, news by sally

‘The ‘hostile environment’ policy was introduced in 2012 by then Home Secretary Theresa May. It combines administrative and legal measures designed to make life in the UK so difficult for irregular migrants that they are forced to leave the country. The hallmark of the policy is the empowerment of private citizens and public servants to routinely carry out immigration checks as part of many aspects of everyday life, including renting a property, applying for jobs and accessing public services.’

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5SAH, 7th May 2020

Source: www.5sah.co.uk

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Prisoner wins first round in challenge to terrorism law – The Guardian

‘A prisoner convicted of stirring up religious hatred has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Coronavirus: locking the over 70’s away? – Cloisters

Posted May 5th, 2020 in age discrimination, coronavirus, elderly, equality, human rights, news by sally

‘As part of our series considering the human rights and equality implications of Covid-19, Declan O’Dempsey considers proposals being floated that would single out the over 70s for shielding and social distancing, once lockdown measures for other age groups are eased.’

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Cloisters, 1st May 2020

Source: www.cloisters.com

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

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Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk