367 results
28 May 2020 10:38
Children in care and vaccinations: who decides?Re H (A Child) (Responsibility Order: Vaccination) [2020] EWCA Civ 664 In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful more...
Immigration Law Conversations: Making Successful Visit Visa Applications and Challenging Refusals
New Video - Immigration Law Conversations: Making Successful Visit Visa Applications and Challenging Refusals In this informal unscripted conversation I chat to Immigration Law Solicitor Shara Pledger of Latitude Law. We discuss how to make successful visit visa applications and how to challenge more...
New Video: Further visa extensions for those unable to return home due to coronavirus
New Video: Further visa extensions for those unable to return home due to coronavirus On 22nd May 2020 the Home Office announced further visa extensions, for those unable to return home due to coronavirus, until 31st July 2020. Those wishing to apply for the extension need to apply by filling in an more...
20 May 2020 11:40
Ivory ban upheld by Court of AppealFriends of Antique Cultural Treasures Ltd v Department of Environment for Food, Cultural and Rural Affairs [2020] EWCA Civ 649 I wrote up Jay J’s dismissal on the challenge to the lawfulness of trading restrictions in the 2018 Ivory Act here. The details of the appellant’s role and their arguments, more...
18 May 2020 11:03
The latest critique of the Coronavirus Act 2020The UKHRB has been at pains to cover all aspects of the CA2020, the various sets of regulations and guidance made under it, in a balanced manner. You will recall that I drew attention to two papers published by Lord Sandhurst (Guy Mansfield QC, formerly of 1 Crown Office Row) and others raising more...
Immigration Law Conversations: COVID-19 & Family Life Applications
New Video: Immigration Law Conversations: COVID-19 & Family Life Applications In this informal unscripted conversation I chat to expert Immigration Law solicitor Gemma Wylie of Latitude Law. We discuss the issues arising for Appendix FM Family Life applications as a result of COVID-19. This more...
Immigration Law Update Seminar Video: COVID-19 Changes and Latest Case Law
Immigration Law Update Seminar Video: COVID-19 Changes and Latest Case Law This online seminar was hosted by The Bushra Ali Group with Adam Pipe & Emma Rutherford from No8 Chambers. Emma looked at developments in policy and procedure as a result of COVID-19 and Adam gave a Immigration, Asylum and more...
AM (Zimbabwe) & Article 3 Medical Cases
New Video: AM (Zimbabwe) & Article 3 Medical Cases In this Immigration Law Update Video I look at Article 3 and Medical Cases in the light of the Supreme Court judgment in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020) which allowed the Appellant’s appeal more...
Catch Up on My Latest Free Immigration Law Update Videos
Over the last few months I have tried to be more regular with my YouTube videos. If you haven’t watched them here is a hyperlinked list of the recent ones which may well be of interest. The longer seminar videos are great for claiming CPD and there is also the yoga video to help with your physical more...
The wheels of justice are turning but at what cost?
This week the Lord Chancellor Robert Buckland spoke about parliamentary business and the constraints of remote working. He referred to giving evidence on the telephone to a select committee as a “deeply unsatisfying experience” and said that video conferences could not replace face to face more...
Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill?
The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains more...
12 May 2020 09:49
The Round Up: Healthy Jury, Healthy Justice System?Two jury trials will resume at the Old Bailey this week in the first steps toward Crown court cases restarting around the country. It has been almost two months since jury trials were suspended on 23 March amid coronavirus lockdown measures. In his announcement, the Lord Chief Justice, Lord Burnett more...
6 May 2020 10:29
Transgender man correctly registered as “mother” on child’s birth certificateR (McConnell and YY) v Registrar General [2020] EWCA Civ 559 The Court of Appeal has revisited the tension between the wish of a transgender person to have their legal gender recognised on their child’s birth certificate and the right of the child to discover the identity of their biological mother. more...
Defendants on video can feel like caged animals
In pre-Covid times the government was trying to get digital court reform going. The PCC for Sussex was a particular enthusiast and secured a substantial grant for a video-enabled justice programme. This was centred around a digital listing tool. A full, properly resourced evaluation was commissioned more...
4 May 2020 14:15
What are the data privacy considerations of Contact Tracing Apps?Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary for reasons of substantial public interest”. Some of this collection will take the form of contact more...
1 May 2020 11:13
Indefinite retention of DNA profile, fingerprints and photographs of a convicted motorist contrary to article 8The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect more...
30 Apr 2020 15:08
COURT OF APPEAL FINDS REMOTE ADOPTION HEARING INAPPROPRIATEThe Court of Appeal has today shared its judgment re A (Children) Case No: B4/2020/0626 concerning an ongoing adoption case. The Court has decided not to uphold the judgment handed down by HHJ Dodd, which stated the final hearing of a year-long adoption case should not take place remotely, as it more...
30 Apr 2020 10:14
‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical casesUnlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which more...
The State's positive obligations in a pandemic: do we have a right to health?
World Health Day (7th April 2020) found the world in the midst of a fight against one of the biggest threats to our generation, and potentially generations to come. While the world is busy fighting off a raging pandemic, many are questioning whether states could and should have done more to prevent more...
23 Apr 2020 08:30
Government successfully appeals in ‘Right to Rent’ caseR (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2020] EWCA Civ 542, judgment here On 21st April 2020, the Court of Appeal allowed the Home Office’s appeal in the ‘right to rent’ case. The decision below was covered on this blog here. Notably, the Court more...
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