367 results
12 Aug 2019 14:03
The death of the ‘right to silence’ in regulatory proceedings?Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v. GMC[2019] EWHC 2129 (Admin) the issue was whether a tribunal can draw adverse inferences if a doctor declines to give evidence. Sanusi v. GMC[2019] EWCA Civ 1172 more...
7 Aug 2019 11:38
Duty of care: inadequate safety nets?How far does the state's duty of care extend in protecting detained patients--both voluntary and involuntary--from self harm? Laura Davidson investigates It was recently confirmed in Fernandes de Oliveira v Portugal [2019] ECHR 106 (no.78103/14, 31 January 2019) that a state’s positive obligation more...
7 Aug 2019 09:38
The “long arm” of the police – how “confidential“ are family proceedings?“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings more...
6 Aug 2019 14:58
P’s wishes and feelings outweigh argument concerning futility of future treatmentRoyal Bournemouth and Christchurch Hospitals NHS Foundation Trust v TG and another [2019] EWCOP 21 What are the practical implications of this case? ‘The Lord giveth, and the Lord taketh away’ (Job 1:21). If this phrase reflects the patient’s (P) views on life, the Court of Protection will need to more...
6 Aug 2019 11:56
Round UP 5.8.19: Principles of justice considered by the Supreme CourtIn the week after the appointment of Lord Reed as the new President of the Supreme Court, the final week of July brought with it the end of the legal term and a flurry of judgements in the senior courts. In the Supreme Court, the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims more...
31 Jul 2019 11:16
Jeremy Johnson QC and Peter Laverack instructed on claim to decriminalise homosexuality in St Vincent and the GrenadinesToday, two gay men filed court proceedings to challenge St Vincent and the Grenadines' "buggery" and "gross indecency" laws, which criminalise homosexuality. Both men, who have been advised by Jeremy Johnson QC and Peter Laverack of 5 Essex Court, assert that their dignity and autonomy are stripped more...
22 Jul 2019 14:44
Child covert intelligence lawful, says the High CourtR (Just for Kids Law) v Secretary of State for the Home Department [2019] EWHC 1772 (Admin) In rejecting the claim of Just for Kids Law, Mr Justice Supperstone affirmed that the legal framework for deploying juvenile covert human intelligence sources (JCHIS) was lawful and adequately safeguarded the more...
22 Jul 2019 14:37
The ‘swings and roundabouts’ of outrageous fortune –Coming to terms with the cost of Access to Justice in the post-legal aid world Suzanne West v Stockport NHS FT and Demouilped v Stockport NHS FT [2019] EWCA Civ 1220 In these conjoined appeals the Court of Appeal (Sir Terence Etherton MR, Irwin and Coulson LJJ.) have taken the opportunity to deal more...
22 Jul 2019 14:29
Round Up 22.07.19 – A series of interesting cases decided as the government prepares to depart…The week ahead will, barring some extreme political drama, give us a new Prime Minister, and with it, the inevitable cabinet reshuffle. Some ministers have already made clear they believe they are unlikely to remain in post after the new PM’s appointment on Wednesday, in particular the Chancellor more...
15 Jul 2019 10:42
The Return of Famines and the Pursuit of AccountabilityThe ‘F’ word is back in use, famines have returned. In 2017 the UN identified four situations of acute food insecurity that threatened famine or breached that threshold, in north-eastern Nigeria, Somalia, South Sudan and Yemen. In December 2018 famine was formally declared across regions of Yemen, more...
11 Jul 2019 11:15
Conor McCarthy represents Bureau of Investigative Journalism in joined mass surveillance case against the UK government in The Grand Chamber of the ECHRBig Brother Watch and Others v. the United Kingdom The Grand Chamber of the European Court of Human Rights (ECHR) has heard the case brought by the Bureau of Investigative Journalists (TBIJ) against the government’s use of mass surveillance. The case deals with, among other issues, the rights of more...
10 Jul 2019 12:39
Pride, Protest and Litigation – American gifts to LGBT BritainLondon has just experienced its largest ever celebration of Pride – arranged for the weekend after the 50th anniversary of the Stonewall Riots so as to allow thousands of British people to fly out to New York to participate in the official commemoration. This is a striking example of the influence more...
8 Jul 2019 11:56
The Weekly Roundup: Boris Johnson, Hong Kong, and Freedom of Religion on Social MediaIn the news In Hong Kong, protests have continued against a proposed law allowing extradition of Hong Kong residents to China. On Monday 1 July, campaigners delivered a letter to the UK government, petitioning the government to change the status of the British National (Overseas) Passport to include more...
10 Years Lawful Residence & Periods of Overstaying
I have set out below the key extracts from Ahmed, R (on the application of) v The Secretary of State for the Home Department [2019] EWCA Civ 1070 (21 June 2019) where the Court of Appeal give guidance on whether paragraph 276B(v) operates so as to cure short 'gaps' between periods of LTR and thus more...
1 Jul 2019 11:07
The Round Up: Recent Reports in England and Wales; Human Rights Issues in AsiaIn the News A number of reports and warnings on working conditions for junior judges, the criminal justice system’s treatment of victims of sexual violence, and prison sentencing for individuals with mental health issues have been published this week. The Criminal Bar Association has warned that more...
1 Jul 2019 11:01
Sale of arms to Saudi Arabia held to be based on flawed decision-making processIn R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] EWCA Civ 1020, the Court of Appeal upheld a challenge to the lawfulness of the grant by the UK Government of export licences for the sale or transfer of arms or military equipment to Saudi Arabia for possible use more...
26 Jun 2019 12:27
The Round-up: Saudi Arabia, school protests, and state surveillanceIn the news In a bombshell ruling on Thursday last week, the Court of Appeal (Sir Terence Etherton MR, Irwin, Singh LJJ) held that the UK government’s failure to suspend licences for the sale of military equipment to Saudi Arabia was irrational, and thus unlawful. This was based on a finding that more...
19 Jun 2019 15:15
Investigation into abuse at Brook House IRC risks failure to meet requirements of Article 3MA, BB v Secretary of State for the Home Department (The Equality and Human Rights Commission intervening) [2019] EWHC 1523 — judgment not yet on Bailii but available here. The High Court has held that an effective Article 3 investigation by the Prisons and Probation Ombudsman (“PPO”) into more...
18 Jun 2019 09:01
A Landmark Defamation Case and Child Spies: The Round UpIn the News: The High Court has heard how MI5, which is responsible for domestic spying operations, may have unlawfully retained the data of innocent civilians for years. Liberty’s challenge centres on the Investigatory Powers Act 2016, which gives the security services the ability to access digital more...
17 Jun 2019 11:01
“No revolution” says the Supreme Court as it rules on defamationLachaux v Independent Print Ltd and another [2019] UKSC 27 The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or more...
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