367 results
2 Jul 2020 12:16
Capacity to consent to chemotherapy?University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31 This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown. This judgment was delivered following a remote hearing conducted on a video conferencing more...
Immigration Law Conversations: Cessation of Refugee Status
New Video - Immigration Law Conversations: Cessation of Refugee Status In this Immigration Law Conversation Stephen Vokes and Emma Rutherford discuss the cessation of refugee status and the decision of the Court of Appeal in Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ more...
29 Jun 2020 11:50
Surrogacy and human rights — Anna DannreutherIn Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s more...
Immigration Law Conversations: Country Guidance Case Law Update
New Video - Immigration Law Conversations: Country Guidance Case Law Update In this Immigration Law Conversation Stephen Vokes, Emma Rutherford, and Alex Barnfield discuss the latest Country Guidance cases in respect of Iran, focussing on conversion cases, and the safety of return to Afghanistan. more...
Welcome to Britain: A Conversation with Colin Yeo
New Video - Welcome to Britain: A Conversation with Colin Yeo In this Immigration Law conversation I chat to Colin Yeo about his new book 'Welcome to Britain: Fixing Our Broken Immigration System'. Colin Yeo is an immigration and asylum barrister, blogger, writer and consultant at Garden more...
25 Jun 2020 13:07
Scotland’s proposed new environmental watchdog – a rottweiler or a poodle?The vigilant gaze of the European Commission will begin to turn away from UK when the post-Brexit transition period ends at the turn of the year. The Commission has used its powers as the ‘guardian of the treaties’ to enforce EU laws relating to nature conservation, waste and air pollution. Its more...
22 Jun 2020 08:28
Suspension suffices for doctor’s online sexual misconductYesterday’s judgment of Mr Justice Mostyn in GMC v Awan [2020] EWHC 1553 (Admin) illustrates the fact that the Court’s deference to the specialist Tribunal’s judgment on sanction continues to be extended to cases relating to sexually motivated online misconduct, as also occurred in GMC v X [2019] more...
The use of police powers to disperse protests and the fine line between legitimate protesting and anti-social behaviour
A number of protests were held across the country and the world in response to the brutal killing of George Floyd in the United States. Although the protests were largely peaceful, there was some tension between the police and protesters over the weekend. This unfortunately resulted in some more...
18 Jun 2020 15:46
Machine Learning in Healthcare: Regulating TransparencyThe PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the more...
16 Jun 2020 16:28
When does a crime cause “serious harm”? Court of Appeal considers the application of Article 8 to foreign national offendersR (Mahmood and Ors) v Upper Tribunal and Ors [2020] EWCA Civ 717 This judgment concerns the definition of “an offence that has caused serious harm” for the purpose of an appeal against deportation on private and family life grounds under Article 8. In this set of cases, the Court of Appeal took a more...
Home Office duty not to mislead and to put unfavourable policies before the Tribunal
New Video: Home Office duty not to mislead and to put unfavourable policies before the Tribunal In this Immigration Law update video I summarise the recent reported case of BH (policies/information: SoS's duties) Iraq [2020] UKUT 189 (IAC) (14 May 2020) concerning the extent of the duty on the more...
Coronavirus & Immigration Law Update: FTT Appeals and Minimum Income Concession
New Video Coronavirus & Immigration Law Update: FTT Appeals and Minimum Income Concession In this immigration law update video I give a summary of the new FTT IAC Presidential Practice Statement No2 of 2020 and the Home Office minimum income concession. Resources referred to in the video: more...
11 Jun 2020 15:56
Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights ActWhen a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown ‘may by order make such amendments to the primary legislation as he considers necessary’. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies more...
9 Jun 2020 14:52
Latest on the Lockdown Challenge in the UK courtsOn 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip more...
Immigration Law Conversations: Children, Best Interests and Social Work Reports
New Video: Immigration Law Conversations: Children, Best Interests and Social Work Reports In this informal Immigration Law Conversation I chat to Diana Harris, Independent Social Worker and Managing Director of Harris Associates Immigration Social Work Services. We chat about how social work more...
Immigration Law Conversations: Adult Dependents and Social Work Reports
New Video: Immigration Law Conversations: Adult Dependents and Social Work Reports In this informal Immigration Law Conversation I chat to Ali Tyrell, Independent Social Worker and Director of Immigration Quick Social Work Services. We chat about how social work assessments can be used in more...
Protesting during a pandemic: what are your rights?
Protesting and human rights 1. The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State more...
3 Jun 2020 10:38
C-19 damage: does international law hold any answers?What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and more...
The UK’s New ‘Points-Based’ Immigration System
New Video: The UK’s New ‘Points-Based’ Immigration System In this Immigration Law Update Video I give a summary of the proposed new points-based system for immigration from January 2021. I look at the new proposals for skilled workers coming to the United Kingdom, which will apply to both EU and non more...
Immigration Law Conversations: Long Residence, ILR and Gaps in Residence
Immigration Law Conversations: Long Residence, ILR and Gaps in Residence In this informal Immigration Law Conversation video I chat to Gary McIndoe Managing Director of Latitude Law. We discuss the problematic issue of long residence applications under rule 276B particularly where there are gaps in more...
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