Anurag Deb: Identity: Northern Ireland’s Gordian Knot – UK Constitutional Law Association

‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’

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UK Constitutional Law Association, 17th October 2019

Source: ukconstitutionallaw.org

Emma De Souza: Home Office appeal of case is upheld – BBC News

‘People born in Northern Ireland remain British citizens according to the law, even if they identify as Irish, tribunal judges have determined.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

Toxteth woman died after being left in filth – BBC News

Posted October 11th, 2019 in homicide, married persons, negligence, news, sentencing by tracey

‘A 67-year-old man who left his wife covered in filth, flies and maggots has been jailed for eight years.’

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BBC News, 10th October 2019

Source: www.bbc.co.uk

Banker’s wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges – Daily Telegraph

‘A banker’s wife who spent £16million during a series of shopping sprees in Harrods has escaped extradition back to Azerbaijan on fraud charges.’

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Daily Telegraph, 26th September 2019

Source: www.telegraph.co.uk

Pensioner cleared of ‘mercy killing’ murder of terminally-ill husband – The Independent

Posted September 19th, 2019 in assisted suicide, elderly, married persons, murder, news, suicide by tracey

‘A pensioner has been cleared of the “mercy killing” murder of her terminally ill husband, who died after they both took an overdose last year.’

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The Independent, 18th September 2019

Source: www.independent.co.uk

Capacity and sexual relations – trying to make it personal – Local Government Lawyer

Posted July 25th, 2019 in consent, Court of Protection, married persons, news by tracey

‘Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.’

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Local Government Lawyer, 19th July 2019

Source: www.localgovernmentlawyer.co.uk

Woman wins right to late partner’s military pension in landmark ruling – BBC News

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

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BBC News, 17th July 2019

Source: www.bbc.co.uk

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

Minister apologises to couple wrongly accused of sham marriage – The Guardian

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by tracey

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

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Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

‘Fear led our mother to kill our father. It wasn’t murder’ – The Guardian

Posted February 18th, 2019 in domestic violence, married persons, murder, news by sally

‘A mother-of-two who killed her husband in a hammer attack will make legal history later this month when her conviction for murder is reviewed by the Court of Appeal.’

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The Guardian, 17th February 2019

Source: www.theguardian.com

Baronesses’ husbands should be made Lords because current rules are sexist, says Fiona Shackleton – Daily Telegraph

Posted November 16th, 2018 in married persons, news, peerages & dignities by tracey

‘The peerage system is sexist because husbands of baronesses are still referred to as ‘Mr’, according to one of Britain’s leading divorce lawyers. While the wife of a male peer is known as ‘Lady’, husbands of female peers are not awarded courtesy titles. It is an enduring symbol of inequality, according to Baroness Shackleton of Belgravia.’

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Daily Telegraph, 15th November 2018

Source: www.telegraph.co.uk

Builder who passed off wife’s murder as suicide jailed after pub confession – Daily Telegraph

Posted November 9th, 2018 in domestic violence, married persons, murder, news, sentencing by tracey

‘Police errors almost allowed a husband to get away with murdering his wife and staging a suicide until he admitted his crime to a woman in a pub.’

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Daily Telegraph, 8th November 2018

Source: www.telegraph.co.uk

Man took £2,000 from mother-in-law after lying about cancer for years – The Guardian

Posted October 16th, 2018 in fraud, married persons, news, sentencing, suspended sentences by sally

‘A man who conned his wife and her family into believing he had terminal cancer took £2,000 from his mother-in-law before his lie was exposed.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

A Human Right to Divorce? – Oxford Human Rights Hub

Posted September 5th, 2018 in divorce, human rights, married persons, news by sally

‘The case of Owens v Owens rocked the legal world in late July, when the Supreme Court decided that Tini Owens could not divorce her husband, despite the court recognising that this could leave her “trapped in an unhappy marriage.” Her husband, Hugh John Owens, had sought to defend against Mrs Owens’ petition for divorce on the grounds that “although never emotionally intense, the marriage had been successful and that he and Mrs Owens had learnt how to “rub along”. In ruling against Mrs Owens, Lord Wilson said the decision “generates uneasy feelings” and suggested that Parliament should consider statutory change. Yet, bearing in mind that statutory change may take some time, is the right to leave an unhappy marriage not also a human right?’

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Oxford Human Rights Hub, 27th August 2018

Source: ohrh.law.ox.ac.uk

Posthumous conception: a legacy in life, incapacity and death – Family Law Week

Posted August 31st, 2018 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18.’

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Family Law Week, 21st August 2018

Source: www.familylawweek.co.uk

Abuse victims increasingly denied right to stay in UK – The Guardian

‘The refusal rate for people applying to stay in the UK after suffering domestic violence more than doubled between 2012 and 2016 after the government pledged to make the UK a “hostile environment for illegal immigrants”.’

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The Guardian, 16th August 2018

Source: www.theguardian.com

Thai bride wins battle to share ‘secret’ relationship with US economist on Facebook – Daily Telegraph

Posted July 25th, 2018 in bigamy, internet, married persons, misuse of private information, news by tracey

‘A married US economist lost a High Court battle against his Thai bride over a Facebook picture she uploaded that he feared would out his secret relationship with her.’

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Daily Telegraph, 25th July 2018

Source: www.telegraph.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk