Whistleblowing: causation, guidance for complex cases and judicial proceedings immunity – 3PB

‘In GMP v Aston we receive a helpful reminder of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims. The case also involves an alleged detriment consisting of evidence given in other tribunal proceedings which was subject to judicial proceedings immunity (JPI) and deals with the issue of whether evidence which is covered by JPI can amount to a detriment. Finally, where the issue of JPI had not been raised before the first instance Tribunal, the Appeal Tribunal considered whether it had to deal with this newly argued point (i.e. whether it was mandatory) or whether it had a discretion to consider the newly argued point (i.e. whether it was discretionary). The considerations when deciding whether or not to exercise the discretion are also set out.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

Brother of Manchester arena attackers asks for immunity to take part in public inquiry – The Guardian

Posted May 21st, 2021 in attorney general, families, immunity, inquiries, murder, news, terrorism by tracey

‘The elder brother of the Manchester Arena bombers has asked for immunity from prosecution in return for answering questions at the public inquiry into the terror attack.’

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The Guardian, 20th May 2021

Source: www.theguardian.com

Divisional Court hands down key ruling on interaction of diplomatic immunity and child protection – Local Government Lawyer

Posted May 18th, 2021 in care orders, children, diplomats, human rights, immunity, local government, news by sally

‘The Divisional Court has rejected an application by a council concerned about the welfare of children of a diplomat for a declaration that the Vienna Convention on Diplomatic Relations (VCDR) breaches Articles 3 or 6 of the European Convention on Human Rights.’

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Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

Harry Dunn crash: Biden team says Anne Sacoolas extradition refusal ‘final’ – BBC News

‘The new Biden administration has said the US government’s decision to refuse an extradition request for Harry Dunn’s alleged killer was “final”.’

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BBC News, 28th January 2021

Source: www.bbc.co.uk

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk

High Court dismisses Harry Dunn challenge – UK Human Rights Blog

‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’

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UK Human Rights Blog, 14th December 2020

Source: ukhumanrightsblog.com

Harry Dunn’s family can appeal against High Court ruling – BBC News

‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Harry Dunn’s family lose High Court battle against Foreign Office – Daily Telegraph

Posted November 24th, 2020 in costs, costs capping orders, dangerous driving, diplomats, immunity, news, treaties by sally

‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’

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Daily Telegraph, 24th November 2020

Source: www.telegraph.co.uk

Harry Dunn death: family begins court case against Foreign Office – The Guardian

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

Prosecution of trafficking victim not an abuse of process – UK Human Rights Blog

‘R v A [2020] EWCA Crim 1408. On 29/10/2020, the Court of Appeal dismissed an appeal against an aggravated burglary conviction brought by a teenage victim of human trafficking.’

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UK Human Rights Blog, 2nd November 2020

Source: ukhumanrightsblog.com

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

What Is The Covert Human Intelligence Sources Bill? – Each Other

Posted October 13th, 2020 in bills, immunity, intelligence services, news, police by sally

‘The Covert Human Intelligence Sources Bill has received criticism from both Tory and Labour MPs – leading to 19 Labour MPs defying the party’s leadership to vote against it. But why do some find it controversial?’

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Each Other, 9th October 2020

Source: eachother.org.uk

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

Harry Dunn: Family to meet with top prosecutor amid talks over trial in absentia – The Independent

‘The family of Harry Dunn has been invited to a meeting with the Director of Public Prosecutions (DPP) amid government discussions about the possibility of a trial in the absence of the teenager’s alleged killer.’

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The Independent, 8th September 2020

Source: www.independent.co.uk

Harry Dunn’s parents drop plan to sue US government – The Independent

‘The parents of Harry Dunn have dropped plans to sue the US government over his death in a crash allegedly involving the wife of an American intelligence official. Charlotte Charles and Tim Dunn said they had made the decision in the hope the Trump administration would allow suspect Anne Sacoolas to face the UK justice system.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Harry Dunn death: Anne Sacoolas faces possible trial in absentia – The Guardian

‘The attorney general for England and Wales, Suella Braverman, is considering trying the wife of a US intelligence officer in her absence on a charge of causing the death by dangerous driving of the teenager Harry Dunn.’

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The Guardian, 25th August 2020

Source: www.theguardian.com

Harry Dunn death: Family drop legal action against Northamptonshire Police – BBC News

‘The parents of a young man whose death in a crash sparked an international diplomatic row have dropped their legal action against Northamptonshire Police.’

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BBC News, 26th July 2020

Source: www.bbc.co.uk

Immunity rule changed in wake of Harry Dunn death – BBC News

‘The UK and the US have agreed to amend an “anomaly” that allowed Harry Dunn death suspect Anne Sacoolas to claim diplomatic immunity.’

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BBC News, 22nd July 2020

Source: www.bbc.co.uk

Judges quash decision not to prosecute diplomat over alleged trafficking – The Guardian

‘A woman who says it seems the Crown Prosecution Service did not consider her “trafficked enough” after being brought into the UK by a diplomat from the United Arab Emirates is celebrating after a high court ruling quashed a decision not to prosecute him.’

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The Guardian, 9th July 2020

Source: www.theguardian.com

Dunn v FCO — the opening skirmishes – UK Human Rights Blog

‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com