145 results
11 Mar 2019 09:46
UK Human Rights Blog: Judicial review is not “politics by another means”Wilson and others v R (on the application of ) v the Prime Minister [2019] EWCA Civ 304 The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act more...
7 Mar 2019 10:57
Barrister joins legal project working with prisoners in AfricaA lawyer at No5 Barristers’ Chambers has returned from a trip to Africa where he worked with a legal project that supports men, women and children living and working in prisons. It was the second time that barrister Mark Kelly has worked with the African Prisons Project (APP), having also spent a more...
6 Mar 2019 14:41
Is Brexit a breach of the UK’s BITs?The right to fair and equitable treatment (FET) by a host state is one of the most widely invoked standards of investment protection. The principle derives from customary international law and is a common feature of bilateral investment treaties (BITs), found at Article 2(2) of the UK’s Model BIT. more...
27 Feb 2019 10:00
ICJ concludes UK must end administration of the Chagos Archipelago “as rapidly as possible”Legal Consequences of the Separation of the Chagos Archipelago from Mauritius In 1965 The International Court of Justice has today delivered its Advisory Opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius. The Court, by a majority of 13-1, found that the more...
Enough is enough
For Shamima Begum, the Jihadi bride, the saga goes on and on and on. In short, after 5 years with Isis, she has had enough and wants to come home. By home, I mean Bethnal Green and not the crushing poverty of Bangladesh where she and her family originated. According to the latest opinion polls, more...
19 Feb 2019 11:07
Brexit worries drain confidence in EU reference procedureIn a legal first, Brexit prevents High Court from clarifying if it has jurisdiction in a human rights claim against the EU. The Kosovo victims of serious human rights abuses from two decades ago bring damages claims against the EU. On 13 February 2019 the High Court in the case of Tomanovic v EU more...
19 Feb 2019 09:04
Animal transport: where are we now with EU law?MAS Group Holdings Ltd and others, R (on the application of) v Barco De Vapor B.V. and others [2019] EWHC 158 (Admin), 4 February 2019 As a matter of policy, the UK government is committed to improving the welfare of all animals, or so we are given to understand. In this little-covered ruling, we more...
18 Feb 2019 11:07
Brexit round up – Week commencing 11 February 2019Matrix’s Legal Support Service provides a round-up of Brexit-related links and news. The UK’s post-Brexit deal with the EU Defence Secretary Gavin Williamson is to say that Brexit gives Britain the chance to increase its military standing around the world and ‘enhance our lethality’. Three former more...
12 Feb 2019 16:21
Aggregates Levy State Aid Appeals Withdrawn after hearing but before judgmentA Complex dispute concerning the Aggregates Levy has now been concluded after over 14 years of litigation in the European and domestic courts. Three separate but linked appeals to the General Court have been withdrawn after hearings in Luxemburg but before Judgments were handed down. The Aggregates more...
7 Feb 2019 16:51
The Court of Justice of the European Union hears intercountry adoption caseCounsel at No5 Barristers’ Chambers have appeared at the Court of Justice of the European Union in an intercountry adoption appeal. The child, ‘SM’, was adopted under the Algerian ‘Kefalah’ system by her French national legal guardians, who live in the UK as EEA nationals. The issue was whether SM more...
4 Feb 2019 16:13
The Legal Services Brexit Summit: Practical Implications, Challenges and OpportunitiesTuesday 12 February Juriosity is supporting this event - discount code ‘BREX11JUR’ to get 20% off the fee. Click here for full information and to book your place. UK legal services, like many other parts of the economy, will be enormously affected by Brexit. The impact will be both direct and more...
4 Feb 2019 12:38
A criminal record, or a clean slate?The Supreme Court has upheld challenges to the legal regimes for disclosing criminal records in England and Wales, and Northern Ireland, finding them to be incompatible with Article 8 of the European Convention on Human Rights (“ECHR”). R (P, G and W) and Anor v Secretary of State for the Home more...
4 Feb 2019 11:57
Brexit round up – Week commencing 28 January 2019Matrix’s Legal Support Service provides a round-up of Brexit-related links and news. Brexit and the UK constitution Financial Secretary to the Treasury Mel Stride has stated that he believes a border poll on the reunification of Ireland, and a fresh drive for Scottish independence, will happen more...
31 Jan 2019 15:23
Environmental Principles and Governance after the United Kingdom leaves the European UnionWhilst land-use planning in England is the responsibility of the Ministry for Housing, Communities and Local Government (MHCLG) much environmental regulation is the responsibility of the Department for the Environment and Rural Affairs (DEFRA). In 2018, DEFRA published ‘A Green Future: Our 25 Year more...
31 Jan 2019 13:28
Bangalore Principles on the International Human Rights Norms – Conference Report by Anthony WentonThe evolution of international human rights law (IHRL) in the UN era has seen a paradigm shift away from a view of international law as applying solely to states and their relations with other states, to a focus on the rights of individuals and the duties states owe to citizens. As articulated in more...
31 Jan 2019 08:55
Supreme Court rules miscarriage of justice compensation law does not breach ECHR3PB barrister Mathew Gullick was junior counsel for the Justice Secretary in The Queen (on the applications of Hallam and Nealon) v Secretary of State for Justice [2019] UKSC 2 in which the Supreme Court, by a 5-2 majority, has ruled that the definition of “miscarriage of justice” in section 133(1ZA more...
30 Jan 2019 14:14
SUPREME COURT HOLDS THAT TWO CATEGORIES IN THE STATUTORY SCHEMES FOR CONVICTION DISCLOSURE BREACH ECHR, ART 8In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department; R (P) v Secretary of State for the Home Department [2019] UKSC 3 Related Member(s): Hugh Southey QC, Nick Armstrong, Tim Owen QC Related Practice more...
29 Jan 2019 14:04
Court of Appeal rules on temporal scope of EU competition lawIn a judgment handed down today in the air cargo cartel damages litigation, the Court of Appeal (Master of the Rolls; Flaux and Bean LJJ) has held that the national court did not have jurisdiction to award damages for a contravention of what is now Article 101 TFEU in relation to collusion on more...
28 Jan 2019 15:30
UK FAILED TO PROTECT PRIVACY OF LIFELONG ACTIVIST WHOSE PERSONAL DATA APPEARED IN AN EXTREMISM DATABASECatt v UK (App No. 43514/15) Related Member(s): Dan Squires QC Related Practice Area(s): Human Rights Court: European Court of Human Rights (Grand Chamber) This case considered the collection and retention of the personal data of the applicant, a lifelong peace activist, in the police database for more...
28 Jan 2019 14:06
Brexit round up – Week commencing 21 January 2019Matrix’s Legal Support Service provides a round-up of Brexit-related links and news Brexit and the UK constitution David Pannick QC has written in The Times, discussing Brexit and art 50, and arguing that the Government should be asking the EU for more time. For the Constitution Unit, Alan Renwick more...
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