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Avoiding the nuclear option: the EU moves to strengthen the rule of law –...
Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At...
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Anti-fracking protesters’ Convention rights against private landowners
Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) – read judgment The High Court has ruled that Convention rights may be engaged in disputes between private landowners and...
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No duty to investigate in respect of civilian deaths in Malaya in 1948
Keyu and Others v Secretary of State for Foreign and Commonwealth Office and another [2014] EWCA Civ 312, 19 March 2014 – read judgment After an interesting analysis of the time limits for claims under...
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Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the...
Welcome back to the UK Human Rights Roundup, your regular springtime blossom of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links...
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No maternity rights for commissioning mother in surrogacy case
CD v ST (judgment of the Court) [2014] EUECJ C-167/12 (18 March 2014) - read judgment Z v A Government Department and the Board of Management of a Community School C‑363/12 – read judgment The...
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Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to...
Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014 read judgment In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access...
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Judicial Review Reform: All about the money, money, money? – Angela Patrick
As MPs and Peers consider the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations and the Criminal Justice and Courts Bill, Angela Patrick, Director of Human Rights Policy at JUSTICE considers...
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John Redwood MP and David Hart QC debate environmental rules
Is environmental regulation unnecessary and is it crippling our economy? This was the debate which raged last Thursday between a senior Conservative backbencher and one of our regular 1 Crown Office...
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Backing just one horse in a consultation process can be unfair
United Company Rusal Plc (R, o.t.a of) v. London Metal Exchange Trust [2014] EWHC 890 (Admin), Phillips J, 27 March 2014 - read judgment Public law principles allow you to challenge a decision of a...
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Gestational parents, non-genetic mothers, siblings with different mothers:...
G (Children), Re [2014] EWCA Civ 336 (25 March 2014) – read judgment This interesting family dispute demonstrates the tension between legal parenthood and biological parenthood in times when both...
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International Court of Justice orders Japan to suspend its Antarctic whaling...
The International Court of Justice has today upheld Australia’s bid to ban Japan’s Antarctic whaling program. ICJ president Peter Tomka said the court concluded the scientific permits granted by Japan...
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Bone marrow disorder appeal fails
Meiklejohn v St George’s Healthcare NHS Trust and Another [2014] EWCA Civ 120 - read judgment Richard Booth QC of 1 Crown Office Row represented the appellant in this case. He has nothing to do with...
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“A gilded cage is still a cage”– Supreme Court on deprivation of liberty for...
Surrey County Council v P and Others, Equality and Human Rights Commission and others intervening [2014] UKSC 19 (March 19, 2014) – read judgment Elizabeth-Anne Gumbel QC, Henry Witcomb and Duncan...
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Anonymity protection for under age defendants expires when they are 18: High...
JC and another v the Central Criminal Court [2014] EWHC 1041 (QB) (08 April 2014) – read judgment This case raises the question whether an order made under s. 39 of the Children and Young Persons Act...
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Consultation – backing no horses, and the importance of interim relief
LH, R (o.t.a) v. Shropshire Council [2014] EWCA 404 (Civ), Court of Appeal, 4 April 2014 - read judgment Good advertisement for the flexibility of the common law, this case. This is because the duty...
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Irascible does not mean incapable – Court of Protection
Wandsworth Clinical Commissioning Group v IA (By the Official Solicitor as his Litigation Friend) [2014] EWHC 990 (COP) 3 April 2014 – read judgment This was a case about determination of mental...
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Chagossians update
A lot is happening in various challenges related to the long-running and shameful exclusion of the Chagossian people from their islands in the Indian Ocean. Here are the headlines, with a reminder of...
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Backlog, backlash and beyond: debating the long term future of human rights...
Around 150 delegates, including representatives of all 47 Council of Europe states and two judges of the European Court of Human Rights, met in Oslo last week. Their mission? To reflect on the...
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Passive smoking in prison not a breach of human rights – Court of Appeal
Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380 – read judgment This case raises the question of whether it is a breach of a non-smoking prisoner’s...
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Strategic litigation: the noble pursuit of litigation – Polly Botsford
Though strategic litigation and test cases make essential contributions to the rule of law, there’s concern that they’re being abused. And, as funding comes under attack, there’s a greater need than...
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