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When will there be unlawful detention under the Detained Fast Track system?
Image: Wikipedia The Court of Appeal has delivered a judgment in PN (Uganda) v Secretary of State for the Home Department [2020] EWCA Civ 1213 regarding unlawful detention under the Detained Fast...
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The UK Internal Market Bill and the Mother of all Ouster Clauses – Ronan...
The United Kingdom Internal Market Bill is due for second reading in the House of Lords on 19 October 2020. It is not an understatement to say that the Bill contains provisions which represent one of...
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When is it too harsh to separate a child from their parent?
Image: Wikipedia HA (Iraq) [2020] EWCA Civ 1176 and AA (Nigeria) [2020] EWCA Civ 1296 There has, in recent years, been a proliferation of case law on appeals against deportation by foreign national...
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The Weekly Round-Up: Three Tiers
Andy Burnham, Mayor of Greater Manchester In the News: On 12 October 2020, the Prime Minister made a statement in Parliament and addressed the nation to announce a new three tier lockdown system would...
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Redress for ‘historical’ child abuse in care: what can Scotland learn from...
The Scottish Parliament is considering a Bill for redress for survivors of child abuse in care. Image: Wikipedia The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill is currently...
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Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal
Christian Concern, R (On the Application of) v Secretary of State for Health and Social Care [2020] EWCA Civ 1239 CA (King LJ, Nicola Davies LJ, Phillips LJ) 25/09/2020 The secretary of state had...
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Free School Meals and Governmental Responsibility — Dr Kirsteen Shields
Marcus Rashford has campaigned prominently on this issue. Image: Wikipedia This article is a condensed version of a piece in the Edinburgh Law Review, Jan 2021 Issue. Questions around government...
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Latest Law Pod UK: The Cumberlege Review with Marina Wheeler QC
In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Independent Medicines and Medical Devices Safety Review, better known as the Cumberlege Review, which investigated the response...
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Home Office Removals Policy Unlawful, holds Court of Appeal
Image: Wikipedia R ((1) FB (Afghanistan) (2) Medical Justice) v Secretary of State for the Home Department [2020] EWCA Civ 1338 On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal...
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Use of force by police: what is the standard for determining misconduct?
Jermaine Baker was shot dead in December 2015. Image: The Guardian The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct...
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Prosecution of trafficking victim not an abuse of process
Image: Wikipedia R v A [2020] EWCA Crim 1408 On 29/10/2020, the Court of Appeal dismissed an appeal against an aggravated burglary conviction brought by a teenage victim of human trafficking. The...
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Mental health, clinical negligence and the illegality defence
In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim...
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New Podcast! Brexit and the Flaws of the Delegated Legislation System
In Episode 129, Emma-Louise Fenelon speaks to Joe Tomlinson and Alexandra Sinclair, authors of the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation...
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Divisional Court gives guidance on article 2 inquests
R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Admin) — Judgment here. Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive...
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Compulsory vaccination – the next step for Covid-19?
Would you be first in the queue for the Covid-19 vaccine if and when it is rolled out? Or would you prefer to wait and appraise its effects on more pioneering citizens? With nearly a year of...
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Law Pod UK new episode: AI in Healthcare
Artificial intelligence (AI) aims to mimic human cognitive functions. It is bringing a paradigm shift to healthcare, powered by increasing availability of healthcare data and rapid progress of...
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Maughan: Suicide and Unlawful Killing Conclusions in Inquests
R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of...
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The Weekly Round-up: Workers’ Rights and Personal Protective Equipment
Photo: Jernej Furman In the news Dominic Cummings departed from Downing Street in dramatic fashion this week. The departure may herald a change of tone for this government – but in the meantime,...
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Article 2 and the provision of healthcare — Part 1
The European Court of Human Rights at Strasbourg This three-part extended analysis will discuss the important recent authorities on article 2 ECHR in the context of the provision of healthcare and...
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Article 2 and the provision of healthcare — Part 2
Article 2 ECHR This three-part extended analysis discusses the important recent authorities on article 2 ECHR in the context of the provision of healthcare. Part 1 examined the leading case of Lopes...
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