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Escaping “the jungle” must be done in an orderly manner
SSHD v ZAT (Syria) and ors (UNHCR and anor intervening) [2016] EWCA Civ 810 Court of Appeal decides, in the absence of an application under the Dublin III regulations, asylum seekers can only succeed...
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The Environmental Law Foundation
Many readers will know that I have banged on, long and hard, via this blog about the constant problem we have in the UK trying to ensure that the cost of planning and environmental litigation is not...
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CA orders release of court judgment on Ellie Butler’s death
C (a child) [2016] EWCA Civ 798 read judgment This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter,...
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Is it within the remit of the NHS to commission and pay for preventative HIV...
National Aids Trust v National Health Service Commissioning Board (NHS England) [2016] EWHC 2005 (Admin) (Local Government Association intervening) Summary In this case NHS England argued it lacked...
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Successful compensation appeal by rape victim
By Pritesh Rathod RT v (1) The First-Tier Tribunal (Social Entitlement Chamber) and (2) Criminal Injuries Compensation Authority [2016] UKUT 0306 (AAC) – read judgment. The Upper Tribunal has ruled...
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No protection for Indy Camp under Articles 10 and 11
Petition of the Scottish Parliamentary Corporate Body for an Order under Section 46 of the Court of Session Act 1988 [2016] CSOH 113 – read the judgment here The Court of Session recently ruled in...
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Does a judge have to consider Article 8 in possession proceedings brought by...
Photo credit: the Guardian No, said the Supreme Court in McDonald v McDonald [2016] UKSC 28 – read judgment. Facts Fiona McDonald was a private sector tenant. The landlords were her parents who had...
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RightsInfo is recruiting
The UK Human Rights Blog’s sister project, RightsInfo, is looking for up to five new trustees and a new Coordinator. Trustee Board (deadline 30 September) We are seeking to appoint up to five new...
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Juncker’s ban on post-Brexit negotiations may be illegal
Shortly after the Brexit referendum, the President of the EU Commission Jean-Claude Juncker declared that he had forbidden Commissioners from holding discussions with representatives from the British...
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War remains inside the court room: jurisdiction under ECHR
Al-Saadoon & Ors v Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016 – read judgment This is an extremely important judgment from the Court of Appeal on the reach of the ECHR...
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War remains inside the court room – Part 2: the Torture Convention
Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016 – read judgment. This is the second in a series of posts on a very important judgment on the human rights...
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Strasbourg finds that UK authorities again fail to show “due diligence” in...
Photo credit: the Guardian V.M. v. the United Kingdom, Application no. 49734/12, 1 September 2016: read judgment. The European Court of Human Rights has ruled that part of an individual’s detention...
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Hard cases need better reasons
R (o.t.a. CPRE Kent) v. Dover District Council [2016] EWCA Civ 936, 14 September 2016, read judgment The Court of Appeal has just given us a robust vindication of the importance of giving proper...
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A lift in a burning building? – Grand Chamber rules on terrorist Article 6...
Ibrahim and others v United Kingdom [GC], App nos. 50541/08, 50571/08, 50573/08, and 40351/09 – read the judgment here The Grand Chamber has found a violation of Article 6(1) and 6(3)(c) in relation to...
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How often must we investigate torture?
Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016 – read judgment. This is the third in a series of posts on the Court of Appeal’s recent judgment. The full...
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High Court calls for change in bereavement law to benefit cohabitees
Smith v Lancashire Teaching Hospitals NHS Trust and another [2016] EWHC 2208 (QB) – read judgment Under the Fatal Accidents Act 1976 those who live together but are not married are not entitled to...
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Xenakis the fisherman and the tangle of EU law
Understanding Standing: Post 1 of 3 Recently, we posted on a proposed action against the European Commission, or, more precisely, the action of its president. The applicants’ greatest challenge in...
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Privacy of a doctor under GMC investigation clashes with that of his patient
Dr DB v. General Medical Council [2016] EWHC 2331 (QB), 23 September 2016, Soole J – read judgment An interesting three-way privacy fight between a GP, a patient who had complained about his treatment...
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Breakfast Briefing – Is Crowdfunding The Future? The Judicial Funding...
With Legal Aid good as dead, PCOs turned into CCOs, and judgement on Wednesday 28th September in the record-breaking Crowdfunding JR as junior doctors against the Secretary of State, come for an...
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No more human rights? Wait. No more lawyers??
Not only is God dead, says Israeli professor Yuval Noah Hariri, but humanism is on its way out, along with its paraphernalia of human rights instruments and lawyers for their implementation and...
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