Clik here to view.
Latest twist on standard of review in Aarhus cases
R (o.t.a. Dilner) v. Sheffield City Council [2016] EWHC 945 (Admin), Gilbart J, 27 April 2016, read judgment A quick note on the latest Aarhus Convention point to come before the domestic courts. In...
View ArticleClik here to view.
Straining out a Gnat and Swallowing a Camel: The Convention, the Charter and...
Photo credit: Guardian By Marina Wheeler QC In a speech about Brexit last week, the Home Secretary shared what she called her “hard-headed analysis”: membership of an unreformed EU makes us safer, but...
View ArticleClik here to view.
The Round-up: child restraint and disenfranchisement
Charlotte Bellamy brings you the latest human rights news Children in privately-run youth detention centres are being seriously injured whilst being restrained by staff, according to a redacted...
View ArticleClik here to view.
Bank Mellat’s $4bn claim: CA rules out one element, but the rest to play for
Bank Mellat v HM Treasury [2016] EWCA Civ 452 1258, Court of Appeal, 10 May 2016: read judgment Bank Mellat’s challenge to the Treasury’s direction under the Counter-Terrorism Act 2008 has been before...
View ArticleClik here to view.
The National Preventive Mechanism of the United Kingdom – John Wadham
John Wadham today takes on the role of National Preventative Mechanism chair. He was formally Chief Legal Officer for the Equality and Human Rights Commission, Deputy Chair of the Independent Police...
View ArticleClik here to view.
Three way in the Supreme Court: PJS remains PJS
PJS v. News Group Newspapers Ltd [2016] UKSC 26 – read judgment The Supreme Court has this morning continued the interim injunction concerning PJS’s extra-marital goings-on until after the full trial...
View ArticleClik here to view.
Very limited availability: Exclusive briefing on Jogee, the landmark Supreme...
I and Diarmuid Laffan are giving a breakfast briefing this Wednesday 25 May from 8:30am to 9:30am on the aftermath in R v Jogee, the Supreme Court case on the law of joint enterprise in which we both...
View ArticleClik here to view.
CA says ex-pats cannot say yes or no to Brexit
Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 469 20 May 2016 – read judgment Last month, I posted here on...
View ArticleClik here to view.
Unlimited Immigration Detention and the Right to Liberty – the Round-up
Photo credit: RT In the news The absence of fixed time limits in the UK system of immigration detention does not breach Article 5 of the Convention (the right to liberty), according to a recent...
View ArticleClik here to view.
Article 5 ECHR does not require time limits for detention pending deportation
J.N. v. the United Kingdom, Application no. 37289/12, 19 May 2016 – read judgment. Photo credit: The Guardian The European Court of Human Rights has ruled that the general system for detention of...
View ArticleClik here to view.
Censorship or justified Concern?
IR(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin) (read judgment) Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further...
View ArticleClik here to view.
Father should be allowed to apply for parental responsibility following...
Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016 – read judgment. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human...
View ArticleClik here to view.
The Round-up: criminal justice close to breaking point
In the news The criminal justice system is “close to breaking point”, according to a report released by the House of Commons Public Accounts Committee (PAC) last week, Efficiency in the Criminal...
View ArticleClik here to view.
Restriction of student loans in Scotland to under-55s deemed to be unlawfully...
Photo credit: The Guardian Hunter, Re Judicial Review, [2016] CSOH 71 – read judgment. The Outer House of the Court of Session has held that the restriction of student loans to individuals under 55...
View ArticleClik here to view.
BIICL: 10 days, 10 issues – Countdown to the Brexit Referendum
Next Tuesday, the British Institute of International and Comparative Law (BIICL) will be holding an event in London to mark the start of the final furlong in the run-up to the In/Out EU referendum....
View ArticleClik here to view.
New book from 1 Crown Office Row
1 Crown Office Row and Hart Publishing are delighted to announce the publication of ‘The Inquest Book: The Law of Coroners and Inquests’ edited by Caroline Cross and Neil Garnham with contributions...
View ArticleClik here to view.
Families separated for immigration purposes
Last year 32,446 people subject to immigration control in the UK were detained by the government. Some had entered the country irregularly and were quickly removed. Others were detained pending removal...
View ArticleClik here to view.
UN committee rules on abortion prohibition – the Round-up
Photo credit: the Huffington Post In the news The UN human rights committee has found that restrictive abortion laws in Ireland had subjected a woman to cruel, inhuman and degrading treatment, in...
View ArticleClik here to view.
A1P1 and public policy: compensation for not fishing?
R (Nigel Mott) v Environment Agency [2015] EWHC 314 (Admin) Read Judgment An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation...
View ArticleClik here to view.
Where does the European Court of Justice go now?
We’re quiet at the UKHRB, but working on it. In the meantime, here is a level headed prognostication of where the EU arbiter – no longer head arbiter for us, but for the time being – will need to go....
View Article