BAILII: Recent Decisions
Court of Appeal (Civil Division)
Balancing Christian and gay rights isn’t easy – give Strasbourg some credit – The Guardian
“The conclusion reached by the European court of human rights in Christian discrimination cases is no surprise but the principle is difficult to apply.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
The polluted air that we breathe: Supreme Court to hear case – UK Human Rights Blog
“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”
UK Human Rights Blog, 15th January 2013
Source: www.ukhumanrightsblog.com
Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation” – Competition Bulletin from Blackstone Chambers
“The duty of ‘sincere cooperation’ set out in Article 4(3) TEU requires Member States to take appropriate measures to ‘ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ as well as to ‘refrain from any measure which could jeopardise the attainment of the Union’s objectives’. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?”
Competition Bulletin from Blackstone Chambers, 16th January 2013
Source: www.competitionbulletin.com
UK signs prisoner transfer agreement with Albania – Ministry of Justice
“Albanian prisoners can now be sent back to Albania to finish their prison sentences, following a new agreement signed by Prisons Minister Jeremy Wright and Albanian Justice Minister Eduard Halimi.”
Ministry of Justice, 15th January 2013
Source: www.justice.gov.uk
Child Maintenance Assessments: Self-employed non-resident parents beware! – Family Law Week
“Byron James, barrister, 14 Gray’s Inn Square, considers the issue of a child support officer’s unfettered discretion in child maintenance assessments of self-employed non-resident parents.”
Family Law Week, 14th January 2013
Source: www.familylawweek.com
Strasbourg judgment: Eweida and others v UK – Head of Legal
“Nadia Eweida has succeeded in her claim that the UK breached her right to manifest her religion under article 9 of the European Convention on Human Rights. Readers may remember that she worked for British Airways, and refused to abide by its uniform policy, insisting on wearing a cross visible to customers. By a majority of five to two (the dissenters including the Court’s British former President, Sir Nicolas Bratza), the judges of the European Court of Human Rights found that the English court that dismissed her religious discrimination and human rights claim at national level, the Court of Appeal, gave too much weight to BA’s corporate aims and not enough to Ms Eweida’s desire to manifest her religion by wearing her cross. In consequence, the UK breached its ‘positive obligation’ to protect her right to manifest her religion.”
Head of Legal, 15th January 2013
Source: www.headoflegal.com
Strasbourg rules against UK on BA crucifix issue, but rejects three other religious rights challenges – UK Human Rights Blog
“The Strasbourg Court has today [15 January] come up with something of a mixed message in relation to religion at work. They have voted that there is a right to manifest individual faith by wearing religious adornments but not by objecting to practices that are protected by anti-discrimination legislation.”
UK Human Rights Blog, 15th January 2013
Source: www.ukhumanrightsblog.com
Manslaughter charges dropped over firework display near M5 pileup – The Guardian
“Manslaughter charges have been dropped against a man who organised a fireworks display next to the site of a motorway pileup that killed seven people.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
Driving licence law change ‘to halt illegal trade’ – BBC News
“Laws on obtaining UK driving licences are to be changed after BBC London revealed a loophole was facilitating an illegal trade in the documents.”
BBC News, 15th January 2013
Source: www.bbc.co.uk
Judge rejects claim couple were ‘ruined’ by Barclays – Daily Telegraph
“A millionaire property developer and his wife who claimed they were brought to complete ruination by a simple banking error have lost their High Court claim for more than £3 million in damages.”
Daily Telegraph, 15th January 2013
Source: www.telegraph.co.uk
The Low Commission: ‘no magic solution’ – LegalVoice
“The Low Commission on the Future of Advice and Legal Support will take evidence over the next year on the impact of the government’s funding cuts, writes Vicky Ling. The Commission will focus on social welfare law covering advice and legal representation on law relating to asylum, benefits, community care, debt, employment, housing, immigration and other areas of public law, such as special educational needs and judicial review.”
LegalVoice, 15th January 2013
Source: www.legalvoice.org.uk
Father jailed for baby’s manslaughter – The Guardian
“A young father who killed his three-month-old son by shaking or throwing him has been jailed for three years and eight months.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
Pamphlet on Royal consent legislation published – The Independent
“Official legal advice about when Royal consent is required for legislation to proceed has been published after a long-running battle by the Cabinet Office to keep it under wraps.”
The Independent, 15th January 2013
Source: www.independent.co.uk
Related link: Queen’s or Prince’s Consent (PDF)
Landmark victory for BA employee over right to wear a cross at work – The Guardian
“After seven years of legal appeals and accusations that Christians are being persecuted for their beliefs, the European court of human rights has ruled that a British Airways check-in operator should not have been prevented from wearing a cross at work.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
E-cigarette company to launch TV advertising campaign – The Guardian
“An e-cigarette company is set to test the UK’s almost 50-year ban on promoting smoking on TV, with a controversial advertising campaign telling smokers of the virtues of puffing on a product that uses nicotine.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
BA worker’s rights were infringed by cross ban, European court rules – The Guardian
“A British Airways check-in worker’s right to express her religion was unfairly restricted when she was prevented from wearing a cross at work, the European court of human rights (ECHR) has ruled.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
Father of abducted Atiya must remain in jail, judge rules – The Guardian
“A man who abducted his young daughter, took her to Pakistan and refused to reveal her whereabouts for more three years should stay in jail, a judge has ruled.”
The Guardian, 14th January 2013
Source: www.guardian.co.uk
What has the European Court of Human Rights ever done for us? – The Independent
“The Court of Human Rights has a bad press in Britain – but for thousands of desperate people it is their last shot at justice.”
The Independent, 14th January 2013
Source: www.independent.co.uk
Lady Neuberger to investigate claims on care for dying patients – The Guardian
“Care services minister, Norman Lamb, appoints peer to carry out review of Liverpool Care Pathway after months of denunciations.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
