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False imprisonment not synonymous with breach of right to liberty
R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4 In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment...
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The Status Of EU Law During The Transition Period And Beyond – Law Pod UK 104
The complexity of EU law, and its status during the Brexit transition period and beyond continues to puzzle many if not most of those tasked with understanding it. The Constitutional and...
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Loss from unlawful governmental action: the counterfactual?
Vodafone et al v. Ofcom [2020] EWCA Civ 183 Ofcom make some unlawful regulations in 2015, under which telecom companies have to pay higher fees. The regulations were quashed in 2017. Four telecom...
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Lack of gender neutral option on passport forms: no breach of human rights –
R (on the application of Christie Elan-Cane) v Secretary of State for the Home Department with Human Rights Watch intervening [2020] EWCA Civ 363 – read judgment When we apply for a passport, we are...
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The new Environmental Bill: what does it have in store?
Landscape Of The Beautiful Rolling Scottish Borders Countryside At Sunset Introduction On 26th February, parliament held its second reading of the government’s revised Environment Bill 2020, setting...
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‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee...
Prince Fosu (Image: the Guardian) Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr...
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The Round-up 16-3-2020
The worsening of the Covid-19 pandemic seemed to relegate all other business to a position of relative insignificance this week. Undoubtedly the human, economic and social cost of the outbreak is...
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Law in the Time of Covid
NHS Staff. Credit: The Guardian. Thomas Hayes is a specialist registrar in vascular surgery and forthcoming pupil at 1 Crown Office Row As teased earlier, the Covid-19 pandemic gives rise to such a...
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Rights in a time of quarantine – an extended look by Niall Coghlan
Quarantines and lockdowns are sweeping Europe: Italy, France, Spain. Through them, states seek to contain Covid-19 and so save lives. It is difficult to imagine higher stakes from a human rights...
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EU border transit zones and deprivation of liberty: Ilias v Hungary
Amid recent news reports of Turkey’s re-opening of migration routes to Europe, clashes at the Turkey-Greece border, and EU countries closing their borders due to Covid-19, this post looks back to a...
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Injunctions against “Persons unknown” in public protests curtailed – Gareth Rhys
Canada Goose UK Retail Ltd v Persons unknown and People for the Ethical Treatment of Animals (PETA) [2020] EWCA Civ 303 on appeal from [2019] EWHC 2459 (QB) – Gareth Rhys All references in square...
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Rights in a time of quarantine – Law Pod UK
Following his excellent exploration of the interface between human rights and the quarantine and movement restrictions adopted in response to Covid-19, biolaw expert Niall Coghlan kindly agreed to...
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What does Manchester City’s Champions League ban have to do with human rights?
Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious...
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Agriculture Bill: “The chickens will win every time”
Good news from the crisis front, although I’m afraid not the one we’re all thinking of: the government’s Agriculture Bill, which sets out its major post-Brexit agricultural policy, has recently passed...
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UKHRB Round Up 23/03/2020 Lockdown at Last
Boris Johnson addresses the nation Faced with mounting criticism of his reluctance to impose restrictions on British society in the face of the Covid-19 crisis, this evening Boris Johnson ratcheted up...
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Article 8: Test for Family Life arising out of Foster Care is no different to...
Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 – read judgment On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals),...
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Strengthening Children’s Rights in Scotland
The United Nations Convention on the Rights of the Child (‘the UNCRC’) celebrated its 30th anniversary on 20 November 2019. On the same day, the Scottish Government announced its plans to incorporate...
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Coroners’ Investigations, Inquests and COVID-19
The following post was written on the morning of 26 of March 2020. Today, 27th of March, the Chief Coroner brought out Guidance 35 on hearings during the pandemic (no. 35), with the proviso that all...
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Covid-19 Movement restrictions: German courts
Thanks to David Anderson (@bricksilk) for his latest post about the validity or otherwise of the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, and whether they are...
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The Round Up: Terrorism, the Parole Board, and… Covid-19
Conor Monighan brings us the latest updates in human rights law In the News: A landmark piece of legislation was passed this week, with significant consequences for civil liberties. The Coronavirus Act...
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