Clik here to view.
Is the Lockdown Lawful? An overview of the debate
A mounted police officer patrols St James’ Park. Image: The Guardian Note: This article involves examination of the legal provisions that accompany some of the restrictions on movement of individuals...
View ArticleClik here to view.
UKHRB Roundup 20-4-2020: Coronavirus and a Labour party leak
In the news COVID-19 continues to dominate the news this week. The death toll in Europe has now risen to over 100,000, with the UK accounting for more than 16,000 of those. Although there appear to be...
View ArticleClik here to view.
Renewed lockdown, new guidance: new episode of Law Pod UK
In this latest episode we consider the probable attitude of the judiciary to any challenges regarding the government’s responsibility for providing sufficient PPE, the risk imposed on individuals,...
View ArticleClik here to view.
A disproportionate interference: the Coronavirus Regulations and the ECHR —...
The lockdown has been in place since 23 March. Image: The Guardian This is a summary of an article published here and inevitably simplifies the detailed arguments and considerations within it. The...
View ArticleClik here to view.
Fisheries Bill 2020: What Does it have in Stock?
The Fisheries Bill 2020, part of the government’s core legislative program on post-Brexit environmental policy, is currently in the House of Lords at committee stage, and is expected to receive royal...
View ArticleClik here to view.
Government successfully appeals in ‘Right to Rent’ case
R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2020] EWCA Civ 542, judgment here On 21st April 2020, the Court of Appeal allowed the Home Office’s appeal...
View ArticleClik here to view.
The Weekly Roundup: Coronavirus Human Rights Implications and the Right to Rent
Photo: Eric Bridiers In the news The world is reckoning this week with the human rights consequences of governmental efforts across the world to address the coronavirus pandemic. UN Secretary-General...
View ArticleClik here to view.
Law Pod UK episode on medical law developments
In the latest Law Pod UK episode, Emma-Louise Fenelon speaks to Rajkiran Barhey about the the most recent issue of the Quarterly Law Medical Review. The QMLR covers developments in medical law in the...
View ArticleClik here to view.
‘One of the most controversial questions which the law of human rights can...
Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of...
View ArticleClik here to view.
How to divine statutory purpose: the Israel/arms trade disinvestment case
R (o.t.a. Palestine Solidarity Campaign Ltd and Jacqueline Lewis) v. Secretary of State for Communities and Local Government [2020] UKSC 16- read judgment As I said in my post on the 1st instance...
View ArticleClik here to view.
The Coronavirus lockdown does not breach human rights (Part One) — Leo Davidson
Last week on this blog we published Francis Hoar’s article which argued that the Coronavirus Regulations passed by the Government in response to the COVID-19 pandemic involve breaches of the European...
View ArticleClik here to view.
COVID-19 and Immigration Detention
Brook House IRC. Image: The Guardian At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of...
View ArticleClik here to view.
Making Sense of the Amended Lockdown Law
As has been widely reported, not least on this blog, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus,...
View ArticleClik here to view.
Commercial surrogacy arrangements – within or without the law?
In the latest episode of Law Pod UK, Rosalind English talks to William Edis QC of 1 Crown Office Row about the recent Supreme Court ruling on whether damages can be claimed against the NHS in respect...
View ArticleClik here to view.
What are the data privacy considerations of Contact Tracing Apps?
Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary...
View ArticleClik here to view.
Transgender Rights, an Inquest Update, and the British Judge Suing the EU-...
Conor Monighan brings us the latest updates in human rights law In the News: The long-delayed Domestic Abuse Bill returned to Parliament last week. It contains a number of measures, including a...
View ArticleClik here to view.
Learning lessons the hard way – Article 2 duties to investigate the...
This article first appeared on the UK Constitutional Law Association blog — the original can be found here. Article 2 ECHR As we watch the Covid-19 pandemic unfold our attention is naturally on the...
View ArticleClik here to view.
Transgender man correctly registered as “mother” on child’s birth certificate
R (McConnell and YY) v Registrar General [2020] EWCA Civ 559 The Court of Appeal has revisited the tension between the wish of a transgender person to have their legal gender recognised on their...
View ArticleClik here to view.
Remote advocacy: ALBA Guidelines
The Administrative Law Bar Association has just put out a very helpful set of guidelines for conducting hearings by video-link or telephone (“remote hearings”). As we’ve all realised in the past few...
View ArticleClik here to view.
Juries and Covid-19: protecting the right to a fair trial
This article first appeared on the Justice Gap and the original post may be found here. The iconic dome of the Old Bailey. Jury trials are presently suspended due to the COVID pandemic. With Covid-19...
View Article