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“Europe needs the Convention and Europe needs the Court”
Two fascinating speeches to recommend. Lord Phillips, former Supreme Court President, gave a thoughtful speech at Kings College on whether human rights are a “force for good or a threat to democracy”....
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Supreme Court rejects right to die appeals
R (on the application of Nicklinson and another) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) (Respondent) v The Director of Public Prosecutions (Appellant) [2014]...
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‘Do Not Resuscitate’ and the Right to Die – the Human Rights Roundup
Welcome back to the UK Human Rights Roundup, your regular game, set and match 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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France’s ban on religious clothing in schools did not prevent removal of...
R (On the application of Mofazzar Baradarn and Malik Baradarn0 v Secretary of State for the Home Department and the Sikh Council Hampshire 24 June 2014 [2014] EWCA Civ 854 – read judgment David...
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You cannot be serious! Peers call ‘out’ on Government’s judicial review...
Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some...
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Another “Bedroom Tax” Challenge Fails
Rutherford and Ors v Secretary of State for Work and Pensions [2014] EWHC 1613 (Admin) – Read judgement here. At the end of May, the High Court ruled that the reduction in Housing Benefit under...
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Retrospective legislation that interfered with judicial ruling violated the...
R(on the application of Reilly (No. 2) and another) v Secretary of State for Work and Pensions, [2014] EWHC 2182 (Admin) – read judgment The High Court has issued a declaration of incompatibility...
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Family comes first (even if they’re in Poland)
P (A Child) [2014] EWCA Civ 888 – read judgment here. 1 Crown Office Row’s Martin Downs represented the parents in this appeal (not at first instance), but is not the author of this blog post. In this...
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Successful A1P1 claims by photovoltaics
Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB) – Coulson J read judgment This is an important judgment on governmental liability for a rather shabby...
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Plan to stop non-residents getting Legal Aid is unlawful, rules High Court –...
PLP v Secretary of State for Justice [2014] EWHC 2365 – Read judgment / summary As the House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid,...
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The non-residents legal aid case – LC advised to go for the ball, not for his...
Public Law Project v Secretary of State for Justice [2014] EWHC 2365 – Read judgment / summary Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a...
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The paradox beneath Strasbourg’s French veil ban decision
S.A.S v France (Application no. 43835/11) - read judgment The Grand Chamber of the European Court of Human Rights has rejected a challenge to a French law which prohibits the wearing of veils in...
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Tory Human Rights Plans, Child Abuse Inquiry and the Burqa Ban – the Human...
Welcome back to the UK Human Rights Roundup, your regular tour de force of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by...
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The Tory human rights “car crash”
Imagine you are on the board of large corporation. You attend the Annual General Meeting and asked the chief executive about that controversial tax avoidance scheme the company had been considering,...
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Minimum income rules for immigrants do not breach human rights – Appeal Court
MM(Lebanon) and Others, R (on the application of ) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) – read judgment Neil Sheldon of 1 Crown Office Row acted...
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Government still on the standing warpath
O (R o.t.a) v. Secretary of State for International Development [2014] EWHC 2371 (QB) 14 July 2014 read judgment One proposal of the Lord Chancellor on reforming judicial review last year was the...
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Foreign criminal cannot be deported because of his right not to be...
Johnson, R (on the application of) the Secretary of State for the Home Department [2014] EWHC 2386 (Admin) 17 July 2014 – read judgment The proposed deportation to Jamaica of a man convicted of drug...
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Private nuisance – Article 6 and the costs conundrum
Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014 read judgment Two important cases in the last few days showing how...
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HRA damages awarded in date rape cases
DSD and NVB v The Commissioner of Police for the Metropolis [2014] EWHC 2493 (QB), Green J - read judgment This is an important summary of the principles applicable to HR damages, particularly in...
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Article 2 and combat immunity – where next after Al-Skeini and Susan Smith?
R(Long) v Secretary of State for Defence [2014] EWHC 2391 (Admin) – read judgment When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments...
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