Proof, expert evidence and credibility in trafficking cases – EIN Blog

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

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EIN Blog, 21st January 2021

Source: www.ein.org.uk

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer

Posted January 12th, 2021 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’

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Local Government Lawyer, 11th January 2021

Source: www.localgovernmentlawyer.co.uk

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Overcrowding, children getting older and ‘deliberate acts’. – Nearly Legal

Posted December 17th, 2020 in families, housing, judicial review, local government, news by tracey

‘Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697. The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark’s decision that the Flores family being in a statutorily overcrowded flat was a “deliberate act” for the purposes of Southwark’s allocation policy such that the family was not entitled to band 1 (highest) priority on the choice based letting scheme.’

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Nearly Legal, 15th December 2020

Source: nearlylegal.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

Union takes legal action over Boris Johnson’s decision to clear Priti Patel of bullying – The Independent

‘Boris Johnson is facing legal action over his decision to clear Priti Patel of bullying staff at the Home Office and other departments.’

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The Independent, 10th December 2020

Source: www.independent.co.uk

Home Office sued by family of Windrush man refused UK citizenship – The Guardian

‘The family of a Windrush man denied British citizenship on the grounds that he failed a good character requirement are suing the Home Office to try to change legislation, arguing the rules are racially discriminatory.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Timetable set out for judicial review and Human Rights Act reform – Law Society’s Gazette

Posted December 10th, 2020 in bills, constitutional law, human rights, judicial review, juries, news, parliament by tracey

‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’

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Law Society's Gazette, 9th December 2020

Source: www.lawgazette.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Gourlay) v Parole Board [2020] UKSC 50 – UKSC Blog

Posted December 7th, 2020 in appeals, costs, judicial review, news, parole, prisons, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’

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UKSC Blog, 4th December 2020

Source: ukscblog.com

MoJ plans to cut “hopeless” Upper Tribunal appeals – Litigation Futures

‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’

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Litigation Futures, 7th December 2020

Source: www.litigationfutures.com

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

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4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Dolan’s latest lockdown defeat – UK Human Rights Blog

‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’

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UK Human Rights Blog, 3rd December 2020

Source: ukhumanrightsblog.com

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Boris Johnson ‘acted illegally’ over jobs for top anti-Covid staff – The Guardian

‘Boris Johnson and his health secretary, Matt Hancock, acted “unlawfully” when appointing three key figures – including the head of NHS Test and Trace, Dido Harding – to posts in the fight against Covid-19, according to a legal challenge submitted by campaigners to the high court.’

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The Guardian, 21st November 2020

Source: www.theguardian.com

District council forced to go to High Court to deal with planning permission errors – Local Government Lawyer

Posted November 23rd, 2020 in judicial review, local government, news, notification, planning by sally

‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’

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Local Government Lawyer, 20th November 2020

Source: www.localgovernmentlawyer.co.uk