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The Weekly Round-Up: Tension Over Begum and Procurement
In the News: There is a long history of crossover between lawyers and politicians; more members of parliament come from the law than almost any other profession. But the relationship – never totally...
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Article 2 and the provision of healthcare — Part 3
Inside the main hall of the Royal Courts of Justice. The Court of Appeal undertook a detailed consideration of article 2 this year. This three-part extended analysis discusses the important recent...
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Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos...
R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin) At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a...
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Inetersectionality and equality: a view from the Constitutional Court of...
Mahlangu and Another v Minister of Labour and Others (CCT306/19) [2020] ZACC 24 (19 November 2020) The house owner did not hear when Ms Mahlangu drowned in the family swimming pool. She was a domestic...
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The Weekly Round-up: More restrictions and court backlogs
In the news: On Monday 23rd November, a self-isolating Boris Johnson announced a new system of restrictions to replace the UK’s second month-long lockdown, due to come into effect on Wednesday 2nd...
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Latest Law Pod UK Episode: Court of Protection Deputyship Orders
In the Matters of ACC, JDJ and HPP [2020] EWCOP 9 In her judgment of 27th February 2020 Hilder J laid down certain rules regarding what a property and affairs deputy can and cannot do in relation to...
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Does the lockdown breach the right to freedom of religion?
The opinions expressed in this article are the personal opinions of its author. Legal scrutiny of the provisions discussed in this piece is warranted but should not be taken to question the...
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New criminal record disclosure rules take effect
On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes...
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Dolan’s latest lockdown defeat
Dolan & Ors, R (On the application of) v Secretary of State for Health and Social Care & Anor [2020] EWCA 1605 I wrote about the launch of these proceedings earlier this year (Legal Challenge...
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Puberty Blocking — can a child consent?
A case about medical treatment for children experiencing gender dysphoria is bound to evoke strong feelings. So, in early October, when the parties in R (on the application of Quincy Bell and A v...
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Magna Carta and Freemen on the Land
AVI and MHVB and Jacqueline Robinson, a.k.a. Jacquie Phoenix (Third Party and Unauthorised Alleged Representative) 2020 ABQB 489 I was put on to this decision from the Court of Queen’s Bench of...
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Challenge upheld to Covid-19 changes to care regime for children
R (Article 39) v Secretary of State for Education [2020] EWCA Civ 1577 The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult...
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The Round-Up: Some hope remains for Harry Dunn’s family
Credit: Getty Images/Tetra Images In the news: On Thursday, Harry Dunn’s family were granted permission to appeal against the High Court ruling handed down on 24 November, which held in no uncertain...
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Best of Law Pod UK 2020
Covid, clinical negligence, quarantine, lockdown, inquests, nerve agents, algorithms, child abuse, coercive and controlling behaviour and racism. What’s there not to like in our smorgasbord of...
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Deportation and family rights
The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the...
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Might the Human Rights Act impose a duty to pass subordinate legislation?
On 25 November 2020 David Hart wrote a post setting out the central issues in Henshaw J’s lengthy judgment, R (o.t.a. of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC...
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The Weekly Round-up: An ‘Attack’ on Human Rights and Two Failed Judicial Reviews
Photo: Andrew Parsons In the news This was a busy week. It saw the beginning of a nationwide vaccine roll-out and protracted negotiations in Brussels to stave off a no-deal Brexit (which remains a...
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High Court dismisses Harry Dunn challenge
R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin) At a...
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The right to respect for identity: transgender parents — David Gollancz
Freddy McConnell, who was unsuccessful in the courts in his attempt to be registered as the father or parent of his child. Image: The Guardian This is the first of two posts by David Gollancz, a...
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The right to establish identity: donor offspring — David Gollancz
Image: Pixabay This is the second of two posts by David Gollancz, a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification. The first...
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