Liability of police misconduct hearings for discrimination – UK Police Law Blog

Posted November 10th, 2017 in disciplinary procedures, equality, immunity, news, police by tracey

‘The Supreme Court has held in P v Commissioner of Police of the Metropolis [2017] UKSC 65, that police misconduct hearings no longer benefit from judicial immunity in respect of discrimination claims. They also held that the Chief Constable is vicariously liable for the discriminatory acts of such panels. However, the decision related to an internal panel under the old regime when a misconduct hearing panel was chaired by an assistant chief constable.’

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UK Police Law Blog, 10th November 2017

Source: ukpolicelawblog.com

Reyes v Al-Malki – Blackstone Chambers

Posted October 20th, 2017 in diplomats, immunity, news, trafficking in human beings by sally

‘The Supreme Court has unanimously found that a former diplomat would not be entitled to diplomatic immunity in relation a claim of human trafficking brought by a domestic worker because the worker’s employment and alleged treatment would not constitute acts performed in the course of the diplomat’s official functions (within the meaning of Articles 31(1)(c) and 39(2) of the 1961 Vienna Convention on Diplomatic Relations).’

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Blackstone Chambers, 18th October 2017

Source: www.blackstonechambers.com

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by tracey

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Iraq war: judge to review Tony Blair prosecution ban – The Guardian

‘The most senior judge in England and Wales will hear a case attempting to overturn a ban on prosecuting Tony Blair over the Iraq war, the Guardian has learned.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

Full story

Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

Soldiers could be ‘shut out of justice’ under combat immunity plans – The Guardian

Posted February 14th, 2017 in armed forces, civil justice, compensation, complaints, defence, immunity, news, war by sally

‘Soldiers will be “shut out of justice” and military equipment failures will be covered up under plans to extend combat immunity and prevent military claims going to court, ministers have been warned.’

Full story

The Guardian, 14th February 2017

Source: www.guardian.co.uk

Diplomats in UK ‘avoiding prosecution for serious crimes’ – The Guardian

Posted July 22nd, 2016 in child abuse, diplomats, immunity, news, prosecutions, sexual offences by sally

‘Diplomatic officials working in Britain have allegedly used their immunity to avoid prosecution for serious criminal offences including child pornography and human trafficking, Boris Johnson has told parliament.’

Full story

The Guardian, 21st July 2016

Source: www.guardian.co.uk

Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

Full story

The Guardian, 8th July 2016

Source: www.guardian.co.uk

MoD could face manslaughter charges over training deaths following calls it should lose immunity from prosecution – The Independent

‘The British military could face charges of corporate manslaughter under landmark changes in law being proposed by a parliamentary committee.’

Full story

The Independent, 24th April 2016

Source: www.independent.co.uk

Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

Full story

The Guardian, 22nd March 2016

Source: www.guardian.co.uk

Ministry of Defence escapes prosecution over deaths on SAS march – The Independent

‘The Ministry of Defence has escaped prosecution over the deaths of three soldiers on an SAS selection course, only thanks to a convention that it is granted immunity, it has been confirmed.’

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The Independent, 2nd March 2016

Source: www.independent.co.uk

Undercover policing inquiry: officers giving evidence might receive immunity – The Guardian

Posted July 29th, 2015 in evidence, immunity, inquiries, news, police, spying by sally

‘Undercover police officers who disclose crucial evidence to a public inquiry into the covert infiltration of political groups could be given immunity from prosecution.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

Immunity guaranteed for whistleblowers in child sex abuse inquiry – Attorney General’s Office

‘Individuals providing certain evidence to the Independent Inquiry into Child Sexual Abuse can do so without fear of prosecution.’

Full press release

Attorney General’s Office, 9th July 2015

Source: www.gov.uk/ago

Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

Full story

The Guardian, 17th March 2015

Source: www.guardian.co.uk

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 33; [2015] WLR (D) 83

‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk