Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers

‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’

Full Story

Doughty Street Chambers, 24th March 2023

Source: insights.doughtystreet.co.uk

Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers

‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’

Full Story

Doughty Street Chambers, 20th March 2023

Source: insights.doughtystreet.co.uk

UK torture policy labelled ‘fatally flawed’ after watchdog report – The Guardian

‘The UK’s policy on torture has been described as “fatally flawed” after a watchdog identified non-compliance by intelligence agencies and the Ministry of Defence.’

Full Story

The Guardian, 11th April 2023

Source: www.theguardian.com

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

Full Story

Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

25 Years On: Is Northern Ireland Closer To A Bill Of Rights? – Each Other

Posted April 11th, 2023 in brexit, human rights, news, Northern Ireland by sally

‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’

Full Story

Each Other, 6th April 2023

Source: eachother.org.uk

The Illegal Migration Bill and the Ireland/Northern Ireland Protocol: The return of the Charter of Fundamental Rights – UK Human Rights Blog

‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’

Full Story

UK Human Rights Blog, 31st March 2023

Source: ukhumanrightsblog.com

Case comment: Dove v HM Assistant Coroner for Teesside and Hartlepool [2023] EWCA Civ 289 – Inquests and Inquiries Law Blog

Posted March 30th, 2023 in benefits, causation, coroners, human rights, inquests, news, suicide by sally

’12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.’

Full Story

Inquests and Inquiries Law Blog, 29th March 2023

Source: inquestsandinquirieslawblog.com

Illegal migration bill could topple world refugee system, lawmakers told – The Guardian

‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’

Full Story

The Guardian, 29th March 2023

Source: www.theguardian.com

Isobel Renzulli: Begum v SSHD (2023): A restrictive approach to Article 4 ECHR – UK Constitutional Law Association

‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’

Full Story

UK Constitutional Law Association, 29th March 2023

Source: ukconstitutionallaw.org

‘Legal limbo’: Human rights chief steps into small boats bill row – Law Society’s Gazette

‘Proposed legislation aimed at stopping cross-channel migration in small boats would be incompatible with the UK’s international obligations, the leading human rights figure at the 46-member Council of Europe said today. Dunja Mijatović, Council of Europe commissioner for human rights, warned that the provisions of the Illegal Migration Bill ‘create clear and direct tension with well-established and fundamental human rights standards’.’

Full Story

Law Society's Gazette, 27th March 2023

Source: www.lawgazette.co.uk

2023: Year of the Nuisance? – UK Human Rights Blog

Posted March 27th, 2023 in appeals, damages, human rights, limitations, news, nuisance, Supreme Court by tracey

‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’

Full Story

UK Human Rights Blog, 24th March 2023

Source: ukhumanrightsblog.com

Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian

‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’

Full Story

The Guardian, 20th March 2023

Source: www.theguardian.com

‘Hostile, authoritarian’ UK downgraded in civic freedoms index – The Guardian

‘The UK has been downgraded in an annual global index of civic freedoms as a result of the government’s “increasingly authoritarian” drive to impose restrictive and punitive laws on public protests.’

Full Story

The Guardian, 16th March 2023

Source: www.theguardian.com

Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators – UK Human Rights Blog

‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’

Full Story

UK Human Rights Blog, 14th March 2023

Source: ukhumanrightsblog.com

Jeremy Letwin: The Bill of Rights Bill and the Modern Mirror Principle – UK Constitutional Law Association

Posted March 15th, 2023 in bills, brexit, constitutional law, government departments, human rights, news by sally

‘The Bill of Rights Bill which is currently before Parliament aims, at least in some respects, to weaken the link between domestic courts and the ECtHR. Many predicted the Bill might seek to do this, and it has provoked considerable controversy. Though clauses 3(1) and 3(2) of the Bill are not without their critics, the controversy has mainly focused on clause 3(3)(b), which provides that the domestic courts “may adopt an interpretation of the right that diverges from Strasbourg jurisprudence”, and on clause 3(3)(a), which provides that domestic courts “may not adopt an interpretation of the right that expands the protection conferred by the right unless the court has no reasonable doubt that the European Court of Human Rights would adopt that interpretation if the case were before it”.’

Full Story

UK Constitutional Law Association, 14th March 2023

Source: ukconstitutionallaw.org

What Does the Illegal Migration Bill Mean for Modern Slavery? – Each Other

‘Following the publication of the Illegal Migration Bill, EachOther summarises developments in the Bill and what it could mean for victims of modern slavery in the UK.’

Full Story

Each Other, 14th March 2023

Source: eachother.org.uk

What are the legal obstacles faced by the UK’s illegal migration bill? – The Guardian

Posted March 9th, 2023 in asylum, bills, human rights, immigration, news, treaties by sally

‘A major piece of legislation unveiled this week seeks to achieve nothing less than the holy grail of current immigration policy: making asylum claims inadmissible from those who travel to the UK on small boats.’

Full Story

The Guardian, 8th March 2023

Source: www.theguardian.com

Sunak Plans Lifetime Ban For Channel Migrants – Each Other

‘Prime minister Rishi Sunak is set to introduce an Illegal Migration Bill to remove migrants arriving on small boats and ban them from re-entering the UK.’

Full Story

Each Other, 7th March 2023

Source: eachother.org.uk

Asylum plan ‘very concerning’ and would break international law – UN refugee agency – BBC News

‘The government’s proposed asylum law is “very concerning” and would block even those with a compelling claim, the United Nations refugee agency has said.’

Full Story

BBC News, 8th March 2023

Source: www.bbc.co.uk

Conversion therapy ban will be hard to police, says victim – BBC News

‘A man subjected to electric shock aversion therapy in the 1970s to stop him being gay has welcomed plans to ban conversion therapy.’

Full Story

BBC News, 5th March 2023

Source: www.bbc.co.uk