Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association

Posted January 4th, 2022 in bills, constitutional law, human rights, news, parliament by sally

‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.

In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.

The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’

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UK Constitutional Law Association , 4th January 2022

Source: ukconstitutionallaw.org

Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 4th, 2022 in coroners, hospitals, human rights, inquests, mental health, news by sally

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

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UK Human Rights Blog, 4th January 2022

Source: ukhumanrightsblog.com

Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer

Posted January 4th, 2022 in fines, footpaths, guilty pleas, health & safety, local government, news, trees by sally

‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’

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Local Government Lawyer, 29th December 2021

Source: www.localgovernmentlawyer.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by sally

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Law Commission to review the trial process for sexual offences – Law Commission

Posted January 4th, 2022 in criminal procedure, evidence, Law Commission, news, rape, sexual offences by sally

‘The Law Commission has today [17 December 2021] launched a project to review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”).’

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Law Commission, 17th December 2021

Source: www.lawcom.gov.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by sally

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

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The Independent, 1st January 2022

Source: www.independent.co.uk

Driver caught distracted behind wheel nine times in four years – The Independent

‘A driver was caught distracted behind the wheel nine times in the last four years, an investigation has found. The unidentified person was one of 932 British drivers convicted of the offence more than once in the same time period, according to Driver and Vehicle Licensing Agency (DVLA) figures obtained by the PA news agency.’

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The Independent, 3rd January 2022

Source: www.independent.co.uk

Pardons extended to all abolished same-sex crimes – BBC News

Posted January 4th, 2022 in homosexuality, news, pardons, sexual offences by sally

‘More people will be eligible for a pardon for historical criminal convictions relating to homosexual activity, the government has said.’

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BBC News, 4th January 2022

Source: www.bbc.co.uk

Christmas Break

Posted December 21st, 2021 in holidays, news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2022.

Happy Christmas and thanks for reading!

Information Commissioner’s Office challenged over Whitehall JR submissions – Law Society’s Gazette

‘Public law specialists have begun legal proceedings against the Information Commissioner’s Office over publication of Whitehall submissions on judicial review that have influenced controversial reforms.’

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Law Society's Gazette, 20th December 2021

Source: www.lawgazette.co.uk

Dewsbury couple jailed after police child sex offences sting – BBC News

‘A sex offender caught trying to meet children in an undercover police sting has been jailed for 12 years.’

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BBC News, 20th December 2021

Source: www.bbc.co.uk

‘Callous’ mugger jailed for 18 years for killing pensioner in 2001 – The Independent

Posted December 21st, 2021 in DNA, forensic science, homicide, imprisonment, news, sentencing, young offenders by sally

‘A “callous” mugger has been jailed for 18 years for killing an elderly woman 20 years ago.’

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The Independent, 20th December 2021

Source: www.independent.co.uk

Climate lawyer loses supreme court appeal over Heathrow leak – The Guardian

‘A lawyer and climate campaigner who leaked the result of a supreme court ruling on the Heathrow airport expansion has lost an appeal against a contempt of court finding.’

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The Guardian, 20th December 2021

Source: www.theguardian.com

New Judgment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

‘The court unanimously dismissed this appeal concerning whether the Supreme Court was wrong to decide that the appellant’s disclosure of the result of the Heathrow appeal, in breach of an embargo on the Court’s judgment, constituted a contempt of court. Furthermore, did the Court then wrongly impose a fine of £5,000 on the appellant, and wrongly order him to pay the respondent’s costs in the sum of £15,000?’

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UKSC Blog, 20th December 2021

Source: ukscblog.com

Beth Aspey murder: Boyfriend jailed for minimum of 20 years – BBC News

Posted December 21st, 2021 in domestic violence, families, imprisonment, murder, news, sentencing by sally

‘An abusive boyfriend who used a hammer to murder his partner has been jailed for a minimum of 20 years.’

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BBC News, 20th December 2021

Source: www.bbc.co.uk

Modern slavery victims may face barriers to justice under Priti Patel’s immigration bill, MPs warn – The Independent

‘Modern slavery victims may face barriers to seeking justice while criminal gangs “evade punishment” under Priti Patel’s immigration bill, cross-party MPs have warned.’

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The Independent, 21st December 2021

Source: www.independent.co.uk

Mother and son guilty of killing boy, 17, in machete attack in London – The Guardian

Posted December 21st, 2021 in homicide, murder, news, offensive weapons, young persons by sally

‘A mother and her teenage son have been found guilty of killing a 17-year-old boy in a machete attack in south London.’

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The Guardian, 20th December 2021

Source: www.theguardian.com

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

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UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com